Courtroom Etiquette.

Since my first day of law school, I have heard the statistic that "98% of cases don't go to trial," (or something to that effect).  While this may be true, it does not mean that "98% of clients never stand in front of a judge."

A trial is where the facts and evidence get put before a judge, or jury, who will then weigh that evidence and make a determination.  There are plenty of other situations where you may find yourself standing in a courtroom, so I thought it would be nice to provide a few things to keep in mind.

1. Dress appropriately.
I have yet to find myself in a court where there is not at least one person wearing street clothes.  Look, I like comfortable clothes too. So does the judge, the court reporter, and the bailiff.  Legal professionals are, after all, humans.  But, you won't see an attorney, judge, court reporter, or bailiff wearing their favorite sweatpants and hoodie combo to work.  Think of it as a "when in Rome" kind of situation.  Everybody who is on the clock is dressed professionally, so why not follow suit (no pun intended) and show everyone that you take their job seriously too?  It certainly can't hurt.

2. Addressing The Court
Repeat after me: "Yes your Honor," "No your Honor," "Thank you your Honor."  Notice a pattern?  "Sir" and "ma'am" are usually considered to be a very respectful way of addressing someone and most judges and magistrates probably won't take any offense to being called "sir or "ma'am."  But, at the end of the day, they earned the right to wear those robes and to be addressed as "your Honor."  By saying "your Honor" instead of "sir" or "ma'am" you are simply recognizing the distinction.  Once again, it can't hurt.

3. Turn off your cellphone.
Do I need to explain this one?  "Off" means off.  Don't put it on silent, TURN...IT...OFF!

4. Speak when spoken to.
Judges have a lot of discretion in how they choose to run their courtroom.  Some are more informal than others, some prefer certain parties to sit on certain sides of their courtroom, some like pie more than cake.  What they do not like is to have their courtroom turn into a circus.

Opposing parties and witnesses may say things that rile you up or seem to distort the truth, or may even be flat out lies.  This is what your attorney is there for.  If you start speaking out of turn or start addressing the other side directly, or, worse yet, start interrupting the judge, you are very likely going to turn the judge against you.  This is not going to help you and it will almost certainly hurt your case.  Keep calm, and speak when spoken to.

5. Don't be late, but if you can't help it...
Sometimes there are circumstances beyond your control (i.e. a traffic accident, your car won't start etc.) which can cause you to be late.  If you are going to be late to a court hearing of any kind, call your attorney, or, if you don't have an attorney representing you, call the court as soon as possible.  Sometimes being late can't be avoided, but letting a judge stew while waiting for you to show up is definitely not going to help your situation.  Most courts have their phone numbers posted on a website.  It takes no time at all to look it up on a smartphone, or to enter it into your phone before your day in court.  Once again, the judge may not be happy, but hopefully a phone call can prevent the judge from being truly irate.




This post is for informational purposes and should not be construed as legal advice or as forming an attorney-client relationship.  If you are in the Dayton, Ohio area and think that you may be in need of legal assistance, please contact Strain Law Office, LLC.