From starting off with call over’s to misdemeanors in the local county court to separate representation of children in the Family Court to Federal Court liquidation proceedings. I think it’s fair to say that while I’ve had successes that thrilled me to the core, I’ve made mistakes that have made me feel like an unpopular school boy in the principal’s office! So I thought I’d share with you the biggest mistakes that lawyers make in court, and how to avoid them: Sitting on the wrong side of the bar table. “Oh that’s easy” I hear you scoff, in criminal matters, “police on the left, and lawyers on the right”. But it’s not that straight forward. In the Magistrates’ Court, counsel for the defendant sits on the same side of the witness/defendant box, but this is different in each court or jurisdiction. So if appearing in court is relatively new to you, or you’re appearing on a matter different from your ‘standard’ it pays to check this basic rule – believe me, get this wrong and you’ll be fighting to regain your confidence for the rest of the proceedings! View the Magistrates Court infographic. Being overly familiar with the judge: What could be harmful about a simple “Good morning judge”? It’s just good manners isn’t it? Well, no. You’re actually being too familiar with the judge, and it will not be appreciated. You’d be surprised how many lawyers make this mistake, both new and experienced. No matter how experienced you are, it’s worth reading the fantastic Victorian Law Foundation publication “What do I call the judge?” Not following the correct appeal process: An experienced judge recently told me that it’s surprising the number of clients’ advocates that don’t follow the correct appeal process by advising the court that their client will appeal the decision immediately after the decision has been handed down. The judge felt that this was inappropriate and disrespectful. The correct course of action is for advocate to leave the court, consult with their client then file an appeal at registry. They will then appear back before the court and seek bail. Leaving your mobile on: Have you heard the urban myth about the lawyer who left his mobile on in court? The judge asked them to come forward then dropped the offending mobile into his glass of water. Bet that lawyer never left their mobile on in court again! So for goodness sake, remember to turn your mobile off. There are also different rules about using mobiles and tablets in different courts. Wear inappropriate clothing: OK, so this doesn’t happen often, but dressing inappropriately remains an issue in the courts and it is severely frowned upon by judges. After all, if you can’t dress appropriately for court, how can you be an effective lawyer? I was told a story recently of an ACT public prosecutor arriving on Saturday morning to do the usual drunk and disorderly processing to discover he didn’t have the key to his office. He then had to appear in court in his bike riding lycra as he’d ridden his bike to work that morning. He said it completely disempowered him and made him as nervous as a school boy. An extreme example, but you get the point! And one last piece of advice? If you find yourself unsure of what to do next, just stop talking and say “as the court pleases your honour” and move on!]]>