Practice Proper Etiquette at the Office and in the Courtroom

Unless you work at home and never enter an office or courtroom, you must interact with coworkers and court personnel. Here are some general tips for making things go more smoothly for coworkers in an office setting followed by some advice from the judiciary on how to make things go more smoothly in court.

At the office

• Observe proper phone etiquette—This should be a no-brainer, but it’s amazing how often people complain about the phone habits of others. It seems like everyone has had a neighbor turn the speaker phone as high as it will go and then leave the office door open. Don’t use a speaker phone unless you need to and then be sure to shut your door. Don’t take cell phones into meetings … you can check messages later, and please don’t play with your BlackBerry^® all through a meeting. It’s offensive to those who came prepared and are trying to concentrate on the business at hand.
• Exercise reasonable hygiene—We know there may be those times when you’ve pulled an all-nighter at the office, so keep a fresh shirt or blouse and some deodorant on hand. If they know you’re coming before you turn the corner, it’s probably not a good thing.
• Maintain a positive attitude—Everyone needs to blow off steam every once in a while, but no one likes to be around someone who complains all the time. At the same time, gossip can have a negative effect on a whole office. This doesn’t mean you have to be eternally optimistic or perky, but it doesn’t hurt to spread a little good cheer and avoid talking about others.
• Out-of-office messages—Again this may seem like a small thing, but it is helpful to those who are trying to track you down, if you leave an out-of-office message on your phone and e-mail. If you can’t respond quickly, at least people will know it and act accordingly.
• If you manage someone, treat them with respect—Three of the most common complaints about managers are that they use a condescending tone in talking to subordinates, they reprimand employees in public and they micromanage. These are instances where doing unto others … really applies.

In the courtroom

• Be on time—Walking into a courtroom after a session has begun is disruptive. Your lateness is an inconvenience for your fellow attorneys, courtroom staff, and the court. And everyone will remember your behavior later on when you need something done in a hurry.
• Be courteous—No judge wants to referee a fight between counsel. Judges are ready to help parties solve a legal problem not referee disputes between counsel. Keep your comments before the judge restricted to the matter at hand and let the judge concentrate on the fundamental issue.
• Be brief and to the point—An unfocused argument is frequently a losing argument. Succinct arguments capture the judge’s notice and have a better chance of being successful.
• Maintain a minimum level of formality—The staff is busy and has a lot of work to do. They don’t need distractions from loud laughter and gossip that are more appropriate in a bar. Address other attorneys by their last name. In court and on the record, refer to opposing counsel as Mr. Smith or Ms. Jones, rather than Joe or Sue. Never address a witness you’re examining by his first name, unless the witness is 16 years old or younger. Don’t speak to a juror during voir dire by his or her first name. Refrain from eating, drinking and chewing gum or other things that might make it more difficult to understand what you are saying.
• Turn off cell phones and devices like a BlackBerry—This should go without saying. Some judges will actually issue sanctions for the offense of a ringing cell phone.
• Be prepared—Know your case and the reason for the hearing. If the hearing is to set a trial date, have the schedule with you for all attorneys who will be handling the case during trial. Know when your experts or important witnesses will be unavailable.
• Adapt to the needs of the court reporter—If you want the court reporter to capture a complete and accurate record of your argument or questions to a witness, there are certain rules to keep in mind. Do not speak too fast. Make sure you speak at a volume loud enough to be heard by both the judge and the reporter. Wait until the other person has completed his or her statement before responding. Speak at a measured pace and with a clear voice to ensure your words will be recorded accurately.

These tips don’t guarantee you’ll win every case, but they will go a long way to making you more successful.