Courtroom Etiquette & Decorum for Clients

I’ve had to prepare a couple of clients for trial recently and it’s got me thinking about the “dos and don’ts” of not just trial testimony, but about the etiquette and decorum associated with appearing in court in general. Many people go to Court during the course of their divorce (or family law litigation) but fewer than five percent of clients have an actual trial. The clients who go to trial spend several days testifying before their assigned judge, frequently spending six to seven hours per day in the courtroom. The longer you spend in the Courtroom the more important it is that you are prepared mentally, emotionally and physically for the experience.  The days can be long and the “trier of fact” –that is the judge deciding your case– is listening to and observing you over an extended period of time. However, it is always good to be properly prepared even for a brief appearance before the judge assigned to your matter.

I tell every client, at the beginning of my representation: to dress appropriately for Court (whether it be for a brief appearance or for a trial). What does dressing appropriately for Court mean? Well, if you wear a suit to work then you should probably wear a suit to Court. If a client does not wear a suit to work then I tell him/her to dress “business casual” which means no jeans, no shorts, no tee shirts and no revealing clothing. For my male clients, I remind them that they will be asked to remove any hats from their heads (unless worn for religious reasons) when entering a Courtroom.

Upon entering a Courtroom, you will be expected to stand next to your attorney and to remain standing until the room is called to order (after the assigned Judge enters the courtroom) and you are told you may be seated. During court appearances and conferences, clients are not expected to do much, if any, talking other than to state their name and address for the record. The attorney representing you will do all of the talking on your behalf. You may be asked a brief question (usually something very simple, for example, the age of one of your children) and it is best to stand while answering the question. At trial, you will be expected to testify for a lengthy time period and your attorney will (or should) spend several hours in his/her office preparing you for this experience in advance of any trial date. I will discuss trial testimony in an upcoming blog.

It is important, while seated, not to slump or otherwise sit in your chair in a manner which denotes disrespect, disinterest or boredom. Most of the time it is not necessary to take notes during a court appearance (unless your attorney tells you otherwise). Trials of course are a different story and your attorney may expect you to take some notes while others are testifying.

It should go without saying, but do not eat or chew gum while in a courtroom. Do not play with your phone. Turn it off or turn the volume down completely. If you are ever unsure about what is acceptable or not in the courtroom, ask your attorney.

While our judges are excellent at “turning a blind eye” to many behaviors, it is always a good idea to put your “best foot forward” when going to Court. Do not give the judge a reason to be distracted by your behavior, your attire or your demeanor.