ADVANCED CERTIFICATE COURSE ON

MOOTING SKILLS

MODULE 3[A]
1. WHAT SHOULD YOUR COURTROOM MANNERISMS
BE LIKE, WHAT TO DO AND WHAT NOT TO DO?

 Good mannerisms and the basic decent etiquettes are must for making a good impression
before anyone.

 And being in a legal profession, this is necessary especially for the courtroom advocates
and pleaders.

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  These etiquettes and conduct which are considered to be essential and necessary for the
advocates, pleaders, lawyers etc. are known as courtroom mannerisms. The said
courtroom Mannerism, determines whether an advocate has proper conduct and
substance in order to infer and predict if he shall lose or win his stand and adding to this
fact whether the judge has a favorable inclination to the his end and side.

 The fact that the court is having dignity and it‟s decorum has to be maintained makes the
courtroom mannerisms more important for each and every entity arguing or presenting
his case before the court.

 Apart from the mentioned contentions, the courtroom mannerisms of the person show
and indicate the extent to which he/she respects the court.

 They are to be followed not only inside the court and during the court proceedings but
also have to be observed before and after entering the court, while in the court, while
addressing the court and the court officials; and to some extent outside the court when the
judges have not arrived.

 Some of the courtroom mannerisms and etiquettes include tone used while submitting the
arguments before the court, body language and the presentation before the court, the dress
code, the way one addresses the respective judges and the court officials, inter alia.

 As such, there is no specific and written law which exclusively defines and describes as
to what are the „ideal‟ courtroom mannerisms and etiquettes one should practice or
observe before the court. However, the rules prescribed under the Advocates Act 1961, to
some extent describe the conduct of the advocates before the court.

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 1. Act in a dignified manner

During the presentation of his case and also while acting before a court, one should act in a
dignified manner. He should at all times conduct himself with self-respect.

2. Respect the court

One should always show respect towards the court and has to bear in mind that the dignity and
respect maintained towards judicial office is essential for the survival of a free community.

3. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar
Council of India Rules and his appearance should always be presentable. The basic courtroom
mannerisms and the etiquettes for the law Students arguing before the moot courts are
determined from the actual rules of professional conduct and ethics prescribed for the advocates.

2. CERTAIN VIEWS ON COURTMANNERISMS BASED UPON

PERSONAL EXPERIENCE AND VIEWS OF FEW KNOWN AVID

MOOTERS:

1. Addressing the judge(s) and other court officials:

The judge of the court not only represents the ultimate authority in the court, but also the law.
Thus, when a person addresses the court, the judge is the main focal point. And hence, the
protocols that are used in the courtroom for the judges are very important.

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 (a) One must not raise one‟s voice in front of the Judge(s) and speak in a respectful tone
of voice, and use polite language. There is no need to be theatrical or poetic etc. just use
a simple and respectful tone.

(b) One should never point fingers at the Judge(s) or at the counsel of the opposite party,
or make any other gesture intended to express one‟s. And in case such gestures were
unintentional or made unconsciously, an apology must be made immediately to the
bench.

(c) If a Judge is male, then he must be addressed as “My Lord/ Your Honour/ Your
Lordship”, and if a judge is female, she must be addressed as “Your Ladyship”. However, it
is wise to use “Your Excellency” to address the judge(s) as it is a gender-neutral reference or
expression and can be said as the safest bet to avoid the possibility of messing up between
lord and lady.

(d) Be it the court master/ court Marshall in a moot court or a stenographer or any other
court official, treat all of them with the same respect as you would accord to the Bench.

(e) One should not interfere in the proceedings or interrupt the judge(s) while the learned
Judge is busy in other matters or is saying something.

(f) One must rise immediately when the judge enters and leaves the courtroom and also while
submitting the arguments, speaking to the judge, making or meeting an objection, or
questioning a witness. One should remain absolutely silent when the judge is taking his or
her place. Too often, practitioners are completing a conversation, or fiddling with books and
papers, or moving to the bar table as the judge enters. It is simply disrespectful, and will be
noticed.

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 (g) One must avoid making unnecessary sound by moving books or papers or table etc or
fidgeting or fiddling with other objects as this distracts the judge and other persons present in
the court.

(h) Don't use too much non-verbal communication during questioning. Don't use gestures
such as waving your hands or pointing during the proceedings towards the judge(s).

(i) One must Bow down to the judge respectfully before and after submitting one‟s
arguments and also when the judge enters or leaves the court. In case, the judge is already in
the court when one enters, then one must stop and bow respectfully to the judge from the
doorway of the court before proceeding to the respective seat.

2. Addressing the opponents:

(a) One must always refer to the counsel of the opposite party as “learned/worthy friend”
or simply “my friend”.

(b) One must not speak unless directed to by the judge while the opponent is speaking as it
is considered as poor courtroom conduct to interrupt anyone who is speaking.

(c) One must not make any side remarks or informal objections, make any unnecessary
references or interrupt while the opponents is speaking or making submissions. And one
must give the opponent the required respect and courtesy that the opponent deserves.

(d) It is understood that at times one can lose the temper or control but even during those
times, one must not disregard or disrespect the opponents and must never address the

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 opponents directly. One must always address the opponents through the respective court.
The mooter should keep in mind that the hack to win any argument or case is the cool head
and mind not to get provoked.

(e) All the submissions and remarks have to be directed to the bench and the court and not
to the opponents.

3. General mannerisms to be followed:

(a) One must be dressed appropriately and formally for the court appearance. Dressing
professionally and conservatively is considered as a sign of respect for the judge and the
court.

(b) One must wait quietly during the hearing until directed to speak and must not have any
side conversations with anyone during the hearing. This act will distract the judge(s) and
other persons present in the court.

(c) One must be aware of the body language during the hearing. Inappropriate body language
may include rolling one‟s eyes or frowning or making facial expressions in response to others
during the hearing. One must not do any movement of hands or feet or any other body part
during the hearing. The mooter should keep in mind even the body language can also be a

distraction to others.

Thus, one should keep the body language neutral, calm and collected during the hearing
or proceeding.

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 (d) One must not use any electronics or gadgets inside the courtroom without taking the
prior permission from the bench or court and if one is carrying any such electronic item,
it must be either switched off or on silent mode.

(e) One must stand and sit up straight with good posture in the courtroom. It includes not
leaning towards or taking any unnecessary support from anything or anyone, not resting any
body part on anything etc. One must not stand or sit in a position which may appear
disregarding or lazy to the court.

(f) One must not use inappropriate cursing words or derogatory or criticizing language for
anyone be it the judge, opponents, any court official or the court as a whole. It must be kept
in the mind that such acts of verbal abuse or usage of inappropriate language or showing
disrespectful actions may lead to the contempt of court.

(g) One must not chew gum, drink, or eat anything during the hearing without taking the
prior permission of the court.

(h) Know what time your hearing is and arrive early. You will want to arrive early and wait
outside the courtroom to be called

(i) Listen to any instructions given by the bailiff or court attendant. These staff members will
direct you on where to wait for your hearing and where to sit during your hearing

(j) One must not pass notes or any document directly to the judge or the opponent. Any
material has to be given to the court officials first who will later pass it to the concerned
persons.

(k) One must always stand up while speaking or submitting anything that is required or to
anyone. This is standard courtroom protocol.
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 (l) Finally, one must briefly thank the judge(s) and the court after one is done making the
arguments and producing the submissions, at the end for giving the precious time and
attention for the submissions.

3. CONCLUSION

“LAW RESPECTS THOSE WHO RESPECT IT”

The requirement for anyone who appears before the court or submits one‟s arguments is not only
the well prepared case brief, draft or memorial; or to look one‟s best before the court but also to
show the required and necessary respect towards the bench, court officials and the court as a
whole. The court mannerisms also add up to the points or marks to the overall impression of the
person arguing before the court. Thus, it should be kept in the mind before arguing before the
court that even the smallest of misconducts or inappropriate behaviours can affect the overall
presentation of the individual. At the end it is in hands of the court, especially the judge(s) in
front of whom one is arguing and the judge(s) will not put up with anyone who is disrespecting
the judge‟s position or degrading the court irrespective of the individual who is arguing.

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