- Speak with confidence when addressing a Judge or Magistrate.
This article is for new wigs who have been recently called to the Nigerian Bar. Most times, young lawyers either due to apprehension or dread forget the etiquette taught at the Nigerian Law School on how Lawyers are to behave in a fit and proper manner both in and out of the Court.
Below are cues on how to prepare for your court case and act professionally.
1.Organize and review your case file– This is the first step to the most important tip for every lawyer. If you’re appearing before any court for the first time, it is very important to study your case file and be acquainted with the facts and history of your matter. Also, take time to study the progress of the matter and what the matter is listed for in the cause list. You have to also take note of details like whether your process has been served, whether you have been served and what time you served etc. in the cause of doing your matter, the Judge may ask you one or two questions regarding your matter and it’s very apt to be abreast with the facts of your case. You should be ready to answer any questions regarding the facts of your case, and know what you are claiming before the court.
2.Background information on the Court– It is imperative to do a background check on the court you’d be going to, the distance of the court from your office or your house. The time the court sits and the type of court. There are different courts in Nigeria with their respective Rules of court and Procedure and you must tailor your preparation and study in line with the peculiarities of the court. If you are a newbie in practice, you can attend the Court before your Hearing date. The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout, how the building operates and procedures. Getting to know more about the court would also help you reduce anxiety.
3. Appearance and dressing– Endeavour to dress appropriately and accordingly. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Your dressing and appearance should be formal and in line with the dress code of the court. Know when to robe in your wig and gown and when not to. For instance, the dress code for Magistrate courts and Customary courts is suit and tie for men and a black suit and gown for ladies. The dress code for High Courts and other Superior courts is wig and gown. What this means is that you would be denied the right of the audience if you are not properly robed in the High court. It would also be inappropriate for a lady lawyer to wear trousers to any of the courts. It would be awkward to also have your High court attire in Magistrate court except you have matters in both courts and you’re shuttling both. In that case, your wig and gown must be removed in Magistrate Court. It is important to research and find out the dress code for the court which you would be attending to conform with the requisite dress code permitted.
4. Be punctual– Always arrive at least 30 minutes before the court sits. This would give you enough time to relax and get familiar with the court and it’s modus operandi. This also gives you enough time to talk to your client if there’s any message you need to convey to him or her before the court sits. Do not aim to be on time for your Hearing ,rather aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going inside the court. Avoid the practice of entering the courtroom while court is in session. It is not professional and in situations where you are late due to a flat tyre or traffic, ensure to communicate to the lawyer on the other side regarding the challenge and ask for a stand down if the circumstances demands it.
5. Address the court properly– This is similar to the tip in number three. As part of your preparation, you must learn how to address the court. If you are before a High Court, the Judge is to be addressed as “my lord” or “Your Lordship” . For Magistrate Court, “Your worship”, for Customary Court, “Your honours”. You must announce your appearance appropriately and it’s usually the practice to abbreviate middle and first names. Do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense. In most circumstances, when you err, there would Lawyers in court willing to assist you.
6.Speak confidently and concisely-Speak with confidence when addressing a Judge or Magistrate. It is important to be polite during the process of speaking to the Judge and the opposing counsel. Do not get too emotional or antagonistic when responding to the opposing counsel. The arguments that transpire in court can be very intense at times and this undoubtedly will be a highly emotional experience, but you must try as much as possible to keep your composure and present your case in a calm manner. The courtroom is bound by rules of professional conduct and you must have respect for the court, and to counsel on the other side. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to and the Judge will be understanding that this is not an easy task. You can enter the courtroom with a bottle of water, incase you get dehydrated as this would hamper your speech and make you weary. If you need to take a moment, have a drink and try to relax as much as possible. During the Hearing, only one person should speak at a one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge’s attention while they are speaking then wait for them to finish before speaking. Avoid disrespecting the court as it would amount to contempt of court.
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Finally, as you practice more often and appear in court, you become more confident and acquainted with the Rules and Procedures of that particular court.
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