As officers of the court, all legal practitioners must act competently, diligently and with complete candour when dealing with the court. Conduct towards the court must be exemplary. There is an expectation of honesty and frankness in all court proceedings.
The solicitor-client relationship is founded on confidentiality and legal professional privilege. This also protects such information from being subpoenaed or consequently used as evidence. In the courts of summary jurisdiction, for summary and minor indictable offences , the prosecutor is a police officer, and not usually a lawyer.
The guidelines set out the role and obligations of the prosecutor. The prosecutor holds a duty of fairness to the court, the community, the accused, victims, witnesses and defence counsel [see Prosecution Policy and Guidelines p 2].
The prosecutor has a discretion whether or not to proceed with a prosecution. There is much literature available on court etiquette and a variety of meanings given to the expression. There is an expectation for men to always wear a jacket and a tie when they appear in court. On occasion, when the weather is hot, a Magistrate may give leave for jackets to be removed.
Women are expected to attend court wearing the equivalent of office attire. Preparedness for the court appearance is of upmost importance. In addition to the particulars of the matter for which the legal practitioner is appearing, knowledge of court procedure is also required. It is important that all legal practitioners report to the Court before the commencement of the list and the duty solicitor is no exception.
It is important to arrive in court on time. Whilst it can be difficult, efforts should be made to not keep a court waiting whilst occupied in other courts for other matters.
Where this cannot be avoided, it is important that the duty solicitor ensure that court staff are aware of their whereabouts. Where a court has been waiting for an appearance, it is important to apologise to the Court for the delay and provide the reason for the delay at the outset. It is important that duty solicitors are courteous to the Court, court staff and prosecution.
When entering and leaving the courtroom, all legal practitioners are expected to acknowledge the presence of a Judge or Magistrate with a bow, and then to sit in the body of the courtroom in a manner which minimises disruption.
Sometimes waiting for a court appearance can be frustrating for junior counsel because counsel appear on matters in order of seniority. It is important to remain patient and courteous when waiting for a matter to be called on. It is considered inappropriate for practitioners to talk loudly inside the courtroom and outside the courtroom where they can be heard while awaiting their turn, or to move around the courtroom in a disruptive manner.
Mobile telephones must be turned off and solicitors should not play games or read newspapers while waiting. For lawyers, barristers, and judges , there may be times that they are required to wear formal robes, gowns, collars, or wigs , depending on the setting. In other cases, the full formal dress will not be used, and the proper legal attire for women and men would be a traditional business suit. While it may not always be fair, your appearance is a significant factor in people developing their first impression of you.
Legal attire for women and men practicing law is traditionally modest and neutral. Lawyers want to appear credible and professional , and having the right legal attire can start things off on the right foot. Courtroom etiquette Courts are very formal places and there is an expectation that you will behave in a respectful way and follow the rules and procedures.
Respecting the judge or magistrate The judge or magistrate is in charge of the court and everyone in the courtroom should show them respect. Defendants As a defendant it is very important that you show respect for the court and the judge. Witnesses You should wait outside the courtroom until you are called to give evidence.
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