Good Counsel for Counsels
THE proper ways to address the court are Your Lordship , Your Ladyship ; My Lord , My Lady ; Yes, My Lord; No, My Lord, etc. "Sir" or "Madam", is not really welcome.
In referring to other judges, the proper reference is to "Mr. Justice x" and not "to Your Lordship's brother or colleague. A judge may call another judge my "brother" but you may not.
It is not proper to include the court in examples used for illustrating a point in argument, such as, "If Your Lordship stood charged with rape...", etc. The same applies to opposing counsel.
Outside the courthouse, or its precincts, a judge need not be addressed as "My Lord","My Lady", or "Your Lordship", etc., particularly in a loud voice in a crowded elevator! "Chief Justice", "Mr. Justice", "Madam Justice", "Judge", "Sir", or "Madam" are proper and acceptable out of court.
In informal situations, judges who call others by their first names should expect a similar response. Perhaps a good rule to follow is to call a judge by his or her first name only if you were on a first name basis before the judge's appointment, or if he or she addresses you this way.
The present generation of young lawyers is obsessed with "feelings". This is commendable in some situations but it is usually bad form in court. Feelings are great stuff for T.V. interviews but they are no help in court. Counsel should not state anything as a fact unless they are sure they are correct.
The court is entitled to accept counsel's statements about what the evidence or the law is. Thus counsel should not confidently state these matters unless he or she is sure. As in dealing with clients, counsel should beware of bold and confident assurances. Counsel should not overstate questions of law, such as "this case is on all fours" unless such is really the case.
It used to be improper to refer to opposing counsel as "my friend", the thought being that to deprive counsel of the title "learned" was a sign of disrespect.
Unfortunately, it has become quite common for counsel to engage in direct conversation with each other in court, such as (usually in mid-sentence), "You agree with such and such, don't you, Mr. Snooks?" This is quite improper. All statements in court must be made to the court. The proper question is, "Does my learned friend agree with such and such?" or, "May I inquire if my learned friend agrees", etc.
Promptness
There is no excuse for a lawyer being late for court. It is a matter of self-discipline. Judges are sometimes late, but that is usually because of something that has happened after the judge gets to the Courthouse...Be late at your peril.
It is especially annoying when counsel are late returning to court after a short adjournment. It is rude and selfish to keep everyone else waiting while counsel does whatever else he or she thinks is important.
Don't fight with the Judge (Unless it is Absolutely Necessary)
Generally speaking, we have relatively mild-mannered courts and bar. Certainly litigation is nothing like the war it used to be when fiercer judges presided in our courts. Easy familiarity, however, tends to lower standards of behaviour, and we see too much sullen resentment. For unexplained reasons, some counsel seem to take adverse rulings on evidence personally. Good lawyers are prepared to fight the best they can, but they are also prepared to lose. The lawyer who can't take an adverse ruling without obvious grief or outrage hasn't yet mastered an important part of the lawyering craft.
The only professional reaction to an adverse ruling is to carry on without any obvious reaction. It is acceptable practice to say "thank you" after any ruling or judgment whether it is favourable or otherwise. The omission of this particular civility is also not important.
Every once in a while, however, it is necessary to have it out with the judge. If he or she is interrupting too often, or helping a witness unfairly, or ridiculing you or your case or your client, then you must stand up to unfairness. This should be done firmly and respectfully, and there doesn't have to be a volcanic eruption with threats, walk-outs or petulant resentment. The air should be cleared, and the case should then go on.
"Firm and Fearless Stand" (by counsel) are cases where counsel stood up to an unreasonable judge in court, and did not withdraw.
There may come a time when a judge decides, rightly or wrongly, that a dialogue should end. The judge probably feels as badly as counsel, but the court's authority to end the colloquy must be accepted. Both parties - judge and counsel— should try to keep the case going because it is unfair to the parties not to do so.
It is wise to keep your own counsel. The judge who knocks you down today may be with you next time, and you will soon be neurotic if you take every win and every loss emotionally. Keep your cool, and remember that whatever you say about judges and other lawyers always gets back to them.
(Source: Practice Material of the Law Society of British Columbia)