For the past couple of years, many work environments switched to a virtual setting. That switch also happened in the legal profession where, for the very first time, we have witnessed a mass reliance on virtual court proceedings. The practice of law has been modified during the two years where courts became virtual. Much of the in person etiquette and formalities were gone during the Covid times. Robes were no longer mandatory in Superior Court proceedings (who would have thought the would happen?!) But now, the old format is slowly regaining its dominance, and in- person court appearances are slowly becoming the norm again. With that return to the old, the old court room practices and etiquette are back.

Many young counsel, especially those who were called to the Bar during the pandemic, haven’t had much opportunity to experience in person court proceedings. Some of you may be a bit confused about what to do in court and how to do things the right way. Here are six rapid and practical tips to help you.

1- When to rise

When a judge or justice of the peace enters or leaves the courtroom, everybody inside
the courtroom must rise. That includes counsel, clerks, the audience and your client.

When entering a courtroom in which a judicial official is already sitting/presiding, counsel must bow.

2- Judge/Justice of the Peace – Your Honour/Your Worship

When a judge is presiding, the proper way to address the judge is Your Honour. When a justice of the peace is presiding, then the proper way to address the justice is Your Worship.

In order to visually distinguish between a judge and a justice of the peace, look at the colour of the sash : if the presiding official is wearing a red sash, then a judge is presiding. If the sash is green, then a justice of the peace is presiding.

3- Keep your distance from the judge/justice of the peace

Never get close to the judge unless the judge/justice gives you permission to do so.

Even if you want to hand the judge or justice a document, that should be done through the court clerk. There is a reason why the court clerk sits between the judge/justice and counsel, and that is because the clerk is the intermediary between counsel and the court.

4- Communication with the Judge/Justice outside of court

If you have to communicate with a judge or justice outside of court, say to send materials, or for any other reason related to a matter, communicate with the assigned judicial assistant. In most jurisdictions in Ontario, judges have at least a judges’ chambers reception email. Obtain that email address and send your email to that email address directing it to the particular judge you want to reach or to his/her attention.

If you have the email address of the judge’s assigned assistant, email the assistant. Do not email the judge directly in relation to a case unless the judge gives you permission to do so.

5- Speak through the court

Do not engage directly with opposing counsel in court. The proper way to communicate is to address the court and ask about what opposing counsel will do. All communications should be made between counsel and the judge and not between counsel directly.

6- Punctuality

Finally, one last tip that is very obvious, but that is more difficult to comply with in in-person proceedings as opposed to Zoom proceedings is punctuality. It is very important to be on time for court appearances. In circumstances where some external factors prevent you from being on time, explain the delay.