A Lawyer's Guide to Courtroom Etiquette: Eight Tips for Success

Whether it's your first year as a lawyer or you've been practicing for years, it's always necessary to adhere to courtroom etiquette. 

We collaborated with Texas Bar Practice Publications Attorney Nicolas B. Goddard to compile this list of eight quick, easy-to-remember courtroom etiquette tips every for lawyer should keep in mind. 

1) Always Be on Time (or Arrive Early)

When it comes to courtroom etiquette for lawyers, this may be the most important tip. Make sure to arrive on time for every court appearance. If you can, arrive early. You never know if something could go wrong, a deal could be made, or if other cases before yours could move along faster than expected. Not only are you respecting the Court's time when you arrive on time, but you are also allowing everything to move along accordingly. The quicker a case gets resolved, the happier everyone will be. It all starts with your on-time arrival.

Arriving late is one of the most unprofessional things an attorney can do, but it's also one of the easiest things to avoid. Play it safe and leave 30 minutes early. This way, you can account for unexpected traffic, finding parking, and checking in. Even if you arrive much earlier than expected, you can use that time to prepare. 

If you're running late, call ahead to apologize and let the Court know when they can expect you to arrive. This is a much better alternative than simply speeding to the courthouse and barging into the courtroom unannounced. 

2) Avoid Aggressive Behavior

Avoid displaying an aggressive physical demeanor or voice tones when addressing the Court, the jury, opposing parties or counsel, witnesses, etc. Emotions can run high at court, but maintaining a calm demeanor can help to move the process along accordingly. No matter what you've seen on film or television, losing your cool and shouting at witnesses or at the jury is highly frowned upon.

Even if the Judge rules against you, don't talk back. The matter has been decided and anything you say can result in a worse outcome. As high-stress as trial can be, it's necessary to remain calm, cool, and collected. If the opposing counsel or witnesses act aggressively, don't match their energy level. Simply do your job and let the case come to its logical conclusion.

3) Be Concise and Speak Clearly

Being concise in court is one of the most important things you can do. By speaking clearly and concisely, you can help move your case along smoothly. While providing background information for your case may be necessary, don't include irrelevant details. Don't drag out the matter; present your arguments quickly and concisely so the case can move along.

Avoid using phrases like "I think" or "I believe." When you speak directly, you will appear more confident. Make sure to enunciate clearly, don't mumble, cut out filler words, and speak loudly enough for everything to be heard. Also, make sure to avoid using slang. You should speak in formal English, as a casual tone can come off as unprofessional.

4) Address the Judge and Opposing Counsel with Respect

No courtroom etiquette tip list would be complete without mentioning this. It should be incredibly obvious that any interaction with the Judge demands respect. This goes for both verbal and non-verbal communication. If you're upset with a question the Judge asks or don't agree with something they say, don't shake your head or sigh as these acts can be seen as signs of disrespect. Maintain a stoic demeanor, even if everything seems to be going against you.

The Judge isn't the only party who should be addressed respectfully. Although they may be your opposing counsel, you still need to maintain an air of professionalism and respect when speaking to them. While Hollywood tends to glorify heated debates in the courtroom, real life is nothing like that. In fact, it's frowned upon. Remain professional and respectful when on the attack.

5) If You Need to be Firm, Do So Politely

When you need to be firm or attack the opposing counsel's argument, do so as nicely as possible. Even if the opposing side acts emotionally or loses their temper, let them be the ones to look bad, not you or your client. Remember, you can always catch more flies with honey.

 There's no need to disparage the opposing side when on the attack. Stick to the facts and don't engage in a shouting match, even if they instigate it. Say what you need to say and take a seat when you're done.

6) Avoid Joking, Sarcasm, or Making Disparaging Remarks About the Other Side

This goes for your actions during trial or while at the courthouse. Even if you're just catching up with a colleague in the hallway, be cognizant of how you speak and of what you're saying. You never know who is watching or if the Court cameras are recording. Not only does acting in a lax manner make you seem unprofessional in the moment, but it can also negatively affect your reputation.

7) Treat Others the Way You Wish to be Treated

This may seem obvious when discussing courtroom etiquette (or etiquette in general) but it bears repeating. Treat others with the same respect you believe you and your client deserve. This goes for everyone, from the Judge and court staff to opposing counsel.

Attorneys already have the mentality of addressing the Judge with respect ("Your Honor," "Yes sir/ma'am," etc.) but it's necessary to maintain the same level of respect for everyone else in the courtroom.

Here are some simple ways to be respectful:

• Pay attention and don't get distracted
• Turn your phone off before entering the courtroom
• Listening to what everyone has to say
• Speaking only when you are asked to do so
• Stop speaking as soon as the Judge asks you a question
• When attacking the opposing counsel's arguments, be respectful and professional

8) Never Get Angry with the Judge

Do not get angry with the Judge, especially if they rule against you. Mark your objections on the record, make your arguments vigorously, and represent your client thoroughly, but do not get emotional with the Judge.

Courtroom Etiquette for Lawyers

While they're not the only things to keep in mind when it comes to courtroom etiquette for lawyers, the eight tips detailed above serve as a good foundation for how you should present yourself. Whether you're speaking to the Judge, jury, or opposing counsel, remember to always be polite and professional.

If you're feeling unsure or uncertain, especially if it's your first court appearance, don't hesitate to reach out to a colleague or mentor! You're not the first person to go through this, and you'll be far from the last. Every practicing trial attorney has been in your exact situation, and most have probably experienced an embarrassing faux pas at court. Courtroom etiquette is a constant learning experience. Ask for advice, learn from your mistakes, and become the best lawyer you can be!