Maintenance of certain intellectual and ethical standards is very essential for upholding the dignity of the legal profession. As officers of the courts, advocates should always maintain decorum in the courtroom and as budding lawyers, law students must be acquainted with basic courtroom decorums. In furtherance of this, the article discusses certain courtroom decorums that every law student/professional should know:
Structure Of An Indian Courtroom:
The first thing you will notice when you walk into a courtroom will be a raised platform where the Judge sits and presides over, which is called a Bench. Usually, there is a symbol of Ashok Chakra or Mahatma Gandhi behind the bench. Courtrooms are also designed in a manner that gives a separate entrance to the judges.
The next part of the courtroom structure is the placement of tables and chairs right in front of the Judge’s bench, where only advocates can sit and this is called the Bar. Advocates sit there waiting for their case to come up for consideration on the roll. There is usually a podium between the Bar and Bench that allows advocates to come forward and plead. It is important to note that litigants and interns are usually not allowed to occupy the chairs for Advocates and even if they do so, they must be vacated for any advocates who are standing. This may be enforced by an officer of the court.
Now that we have covered the Bar and Bench, the next part of the courtroom structure is the desk of the Reader and opposite him is the seat of the Stenographer or the Typist. The Reader's job is to administer the proceedings, call parties forward, record the next hearing dates, and put up the case files before the judge which are fixed for hearing on a particular day. Stenographers/typists type the orders dictated by the judge for cases, for records. India’s quasi-federal structure allows for the appointment of Readers, Stenographers, Court clerks, and other non-judicial staff members to be done as per the specific rules laid down by states.
The Court Clerk
In a trial court, the clerk’s job is usually to handle those administrative tasks that the judge does not deal with directly. Scheduling, passing documents to the parties, checking signatures, etc. are all well within the purview of the clerk. Looking up information as the judge needs it is also something that is often done by the clerks, as is handling communication between the various courtrooms and offices involved in litigation. The court clerk is also the person who maintains the decorum of the court.
Outside of the courtroom, the clerks are usually responsible for handling all of the paperwork, files, and customer service aspects of the courthouse — if you ask someone for a copy of a document, it is the clerks that are getting that document, making the copy, and passing it across the counter to you.
In the Supreme Court, however, clerks who work for Justices often have very different roles, as they may be required to read the filings, do research on the cases, write briefs for the judges/justices, and sometimes even write preliminary drafts of the opinions that the judges wish to deliver.
The Naib
A naib court is a policeman who acts as a liaison between local police stations, jail authorities, and the court having jurisdiction over a particular area. They maintain the register of summons issued or directions given to police officers connected to a case to ensure compliance with the court’s orders. His duty is to convey the court’s order to respective police stations.
In the following points, we have attempted to highlight some of the practices in effect courtroom decorum:
- Acting in a dignified manner and respecting the court at all times
When an advocate presents his case before the court, he should always act in a dignified and self-respecting manner. Respect should be shown towards the court at all times and no such action should be undertaken that affects the honor, dignity, and integrity of the courts. From a practical standpoint, doing so may cause injurious effects on the interests of clients. Moreover, an advocate should also explain to his client how to behave in the courtroom.
Contempt of court is another concept that has to be understood by stakeholders in a lawsuit. Contempt of court happens in the case of:
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Misbehavior of any person in its presentation of the court or so near thereto as to obstruct the administration of justice;
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Misbehavior of any of its officers in their official transactions;
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Disobedience or resistance to the court’s lawful writ, process, order, rule, decree, or command.
In the Indian framework, High Court and Supreme Court have been vested with the power to punish for contempt of the court. Under Section 12 of the Contempt of Court Act, 1971, contempt of court can be punished with simple imprisonment for a term which may extend to six months, with a fine which may extend to two thousand rupees or both.
- Appearing in a proper dress code
Proper attire, especially for lawyers, is a subtle indicator of professionalism. Thus, an advocate’s appearance should always be presentable and he should appear in court, at all times, in the dress code prescribed under the Regulations of the Bar Council of India Dress Code.
Part VI: Chapter IV of Bar Council of India Rules: Rules under Section 49(1) (gg) of the Advocates Act, 1961 lay down the dress code for lawyers. In practice, there is a similar dress code for interns, minus the neckband and gown.
An advocate should always address the judge(s) in a proper manner depending upon the hierarchy of courts. For instance, judges of the Supreme Court and High Courts should be addressed as “Your Lordships” or “My Lord” or “Hon’ble Court” while judges of subordinate Courts, Tribunals, and other Forums may be addressed as “Your Honor” or “Sir” or the equivalent word in respective regional languages.
- Standing at appropriate times
An advocate should always stand when he is speaking to the Judge(s), interrogating a witness, or raising or meeting an objection. He should also stand when the judge(s) arrive or leave as a mark of respect and honor.
- Keeping phones switched off or on silent mode
Phones should be either put on silent mode or switched off in court and should not be used at the time when the proceedings are going on.
- Not interrupting when others are speaking
An advocate should not interrupt when a judge is speaking or when the opposing counsel is arguing or presenting his case. He should cooperate with the procedure and duration of the proceedings and should patiently wait for his turn to speak.
- Speaking in a respectful manner
An advocate should not laugh or speak loudly in the courtroom, especially at the time when proceedings are going on. Shouting in the courtroom disturbs the decorum and amounts to committing contempt of the court. Moreover, an advocate should always be courteous and respectful to everyone, including the court staff, in the courtroom.
- Never showing back to the Judge(s)
While leaving the courtroom, an advocate shall never show his back to the Judge(s) as doing so is disrespectful to the judge.
- Submitting all concerns and remarks to the bench and not to the opposing counsel.
All the concerns and remarks should be submitted to the bench as the bench has the ultimate authority to decide on the matter and not the opposing counsel.
- Refusing to act in an illegal manner toward the opposition
An advocate should refuse to act improperly or illegally toward the opposing counsel or parties. He should also prevent his client from acting illegally, improperly, or unfairly towards the judiciary, opposing counsel, or opposing parties in any matter.
- Avoiding repeated entrances and departures
Care should be taken that there are no repeated entrances and departures as a sign of respect and honor to the court. Doing so also disturbs the proceedings and may frustrate the judge.
- Avoiding any kind of communication through verbal and non-verbal means
No one should talk among themselves, especially the advocates. It disturbs the proceedings and may frustrate the judge. Even non–verbal communication through signs or expressions does not go unnoticed and thus, should be avoided.
- Not taking any food or drink to the courtroom
No food or drink should be taken to the courtroom. Chewing gum should also be avoided.
Smoking and drinking are strictly prohibited in the courts. It is highly objectionable on an advocate’s part to attend the court in a drunken state to enable the case to be conducted properly and the decorum of the court to be maintained.
- Not recording the proceedings in audio or visual form
No advocate or law student should attempt to record the proceedings in audio or visual form.
- Not bringing any documents to the courtroom that may cause disturbance
Newspapers, magazines, and other documents, unrelated to the case, should not be taken to the courtroom. Such documents may cause disruptive rustling and thus, should be avoided to be carried with oneself.
- Knowing beforehand the courtroom and time at which a case is listed
An advocate needs to know beforehand the courtroom and the time at which the case is listed to avoid any last-minute confusion and delays.
An advocate should never be late. Getting late makes a bad impression on the judge. Thus, he should be in the courtroom at least fifteen minutes before the trial is set to start. He should also make sure that his client reaches on time.
- Introducing the party that an advocate is representing
An advocate needs to bring to the knowledge of the judge as to which party he is representing. This is a basic courtroom decorum that should never be missed.
- Not carrying any sharp object, weapon, or firearms
No sharp object, firearms, or any other weapon should be taken to the courtroom, whether intentionally or negligently. Carrying firearms in court proceedings is definitely against the dignity of the legal profession.
- Being present at all the adjournments
An advocate must attend and be present at all the adjournments, once he has accepted a case brief. He should not take a step back, once he has taken the responsibility to handle a case for his client.
- Taking permission to leave if there is a case in another court
If an advocate has cases in two courts at the same time, he should take permission from the respected court to leave, before leaving.
- Not leaving the court at the time of ongoing proceedings
An advocate should not leave the court at the time when proceedings of his case are going on. If he has to leave, he should give charge of it to his junior or a colleague before leaving.
An advocate should always control his emotions in the courtroom, especially when the judge makes a decision. He should not make any faces or express disagreement or gratitude over the judge’s decision. Controlling emotions depicts seriousness and professionalism, which should not be limited to the four walls of the courtroom. An advocate should not laugh or discuss a case in other places in the court as he could be seen or heard by the judge, the other party or their lawyer, or witnesses. Moreover, an advocate should always try to convince the judge by argument and reason and not by appealing to his sentiments.
Many times, it is observed that lawyers go to the court, unprepared for their case, and fumble around with paperwork in the courtroom itself. An advocate not being well acquainted with the facts of a case or the name of the parties may frustrate the judge and depicts unprofessionalism, which should be avoided. It is a disrespect to the court and could also become a reason to lose a motion or a case. Thus, always go well prepared.
- Being specific and to the point
It is very important for an advocate to not speak more or less than what is asked for by the judge(s). His answer should be specific and to the point. He should stay on point while arguing on behalf of his client as well. Moreover, he should not orally re-state everything that has been already put in the written brief. Instead, he should amplify what is outlined in the brief to convince the court of the position of the client.
- Using dignified language while making arguments
An advocate should use dignified language at the time of presenting arguments in court and unparliamentary language should not be used.
- Asking relevant questions to the witness or any other person
An advocate should not put forth any questions to the witness or any other person in the court that may be insulting or annoying to them. Asking irrelevant questions should also be avoided. During cross-examination, an advocate should not offend the religious or personal feelings of the opposite party.
Not only is improper behaviour in court disrespectful to the dignity of the judges and the court, but it may also go against the client's interests. Thus, decorum in the courtroom should always be maintained.
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