Tuesday, May 8, 2012

Common Courtesy in the Courtroom


It never ceases to amaze me as to how people act in court regardless if it is the attorney or the client.  As with all things in life, common courtesy and respect are skills that will take you far.  But sometimes what I think is second nature to people are things that others just don’t think about or simply don’t know because no one has ever shared this knowledge with them. So please allow me to share some basic courtroom etiquette with you.
“Please” and “thank you” are always good basic starters.  Think about how wonderful you feel when you go to hold the door for someone and they say “thank you”.  It kinda gives you a warm fuzzy feeling inside.  The same thing is true if you are dealing with your attorney, the prosecutor, the government's trial attorney, or the judge.  All these people are human beings who liked to be treated with kindness and acknowledged that you are on their turf taking their time.  Even if they are not courteous to you, you should still exhibit basic manners and say please and thank you.  Why?  Because it is a sign of respect.  You are in their courtroom and the judge is the one in charge.  You are asking for his help to accomplish your legal goal and one of the best ways to get off on the right foot is to do this to show respect.
I always instruct my clients that they should say yes sir and no sir, or yes ma'am or no ma'am, along with please and thank you.  It is a matter of showing respect for the chain of command and the position that the prosecutor and/or judge hold.  For those of you who do not think this makes a difference I would humbly disagree.  When I was a young lawyer, a client of mine was ready to enter a plea where he was to get probation, but because he answered "yeah" in a very disrespectful manner to the judge, the judge made him sit down for over three hours thinking about how to exhibit common courtesy in the courtroom.  You can be sure that while he was sitting down, I spent the time tutoring him on how to act in front of a man that could put him in prison.
I now take nothing for granted prior to a plea or any appearance in front of a judge, and go over the basics of courtesy with my clients for all court appearances.

The question that comes up is about the dress.  How do I dress for court?  Always ask your attorney as local standards may vary.  In most courts I appear in here in Georgia, whether it be Municipal Court or Immigration Court, the dress code is casual to business casual.  Jeans are fine unless they have holes in them, or you are wearing them so low that your underwear is showing.  I know of several courtrooms where if you are wearing baggy pants, you must pull them up and tuck in your shirt or you won't be allowed in.  If you can't get into court, there is a contempt fee for being late.  So be advised.

No matter what courtroom you appear in always stand as the judge enters or leaves the courtroom unless instructed otherwise.  If you are not sure what to do,  watch the attorneys in the court.  If the attorneys stand up at the beginning of court, you should too.  My last tip is if you chew gum, don’t for court.  Nothing burns up a Judge more, and is more disrespectful to the Judge, that chomping on some gum while trying to speak.  Spit it out before you go to court, and no, don't put it under the seat.

As it states in the Bible under Matthew 7:12, do unto others as you would want done onto you.  Think about how much better the world would be if all us practiced common courtesy and respect.
These tips are not going guarantee that you will have a perfect case nor does it guarantee a perfect experience.  These tips are just one more tool in your arsenal to help you obtain you goals.

Remember that knowledge is power and the more knowledge you have about courtroom etiquette the more power you will have to gain the respect of those you will be dealing with in court.


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