Manners Maketh Lawyer

As I wait for court proceedings to commence, I shall while away the time by putting pen to paper about some observations. This certainly isn’t an exhaustive list when it comes to the initial parts of trial.  

1. Know the location of the court and the judge presiding. Saying that the court is the Kuala Lumpur Court Complex is not in any way knowing the location of the court. The rationale for knowing the exact location of the court achieves the following:-

(a)  You will be able to direct your witnesses and clients should they ask (and I assure you, they will);

(b)  You would be able to estimate the time needed to reach that court room and hopefully not be late; and

(c)   If for unforeseen circumstances you happen to be late, you would know which court to call to notify.    

Yes I never expanded on the reasons to know about the presiding judge. That would be the subject matter of another article.

2. Record your name (any all who are with you and appearing with you) with the interpreter.

3. When the court buzzer sounds, please stand. When the presiding judge appears, please bow. When it comes to bowing, really put your back into it. It’s a sign of respect.

4. Continue to be on your feet and sit only when the judge sits.

5. Once your client’s case is called in open court (this means the interpreter reads out the suit number and parties), introduce yourself if you represent the plaintiff(s). Then introduce the rest who are appearing with you.

6. Introducing is just a matter of saying your name (and those with you, if any) and you represent the plaintiff(s). Example:

[Stands after case is called] “My name is X and together with me is Ms. Y” [at this juncture Ms. Y stands, bows and sits] “and we appear for the Plaintiff”    
        

7. Immediately after that, please please please (yes I repeated twice) introduce After which, please introduce your learned friends for the defendant(s). It is imperative that you do. The obvious question that may arise would be “But how do I do that if I don’t know the name of my learned friend?. The answer can be extracted in 3 simple steps:-

(a) Introduce yourself to your learned friend;

(b) Seek confirmation that he / she is representing the defendant(s) in your client’s case; and

(c) Ask how he/she would like to be introduced and the names of those, if any, who are with him/her.   

8. After introduction of those present in court, if there is a pupil in chambers who wishes to sit at the bar, please seek permission from the judge. This applies depending on the locus of the said pupil as well as the court (i.e. Subordinate Court or High Court).  

9. Once the case is called, always start in Bahasa Malaysia. If you wish to converse in English, seek leave of court or if the judge speaks to you in English.  

10. If your learned friend stands, you sit. At any given time, there must only be one advocate and solicitor on his / her feet.

11. If you are on your feet and you have to take a sip of water, seek the judge’s permission. This applies to removing your face mask. If you are seated, proceedings are underway and you wish to have a sip of water, do so discretely. Never do it blatantly.   

I am certain there are many more aspects to be added to this list. Feel free to comment or suggest.