BY: ASHIMI SAOBAN ADEDAYO
&
AKINLABI ABDULLAH AKINWALE
Introduction
Without any iota of doubt, the legal setting is characterized with nobility wherein its constituents are looked upon with utmost respect at the same time highly expected to act with right and proper mannerism. Legal etiquette is the code of conduct accepted and adhered to by members of this noble profession.
Most importantly, legal practitioners are required to maintain the dignity and integrity of this profession as they are understood to be integral part of it and favourably regarded as agents for attaining justice. In the same vein, they owe a duty of professional conducts towards the court, judges, opposing counsels, clients and other members of the legal profession.
Courtroom Etiquette
A courtroom is a sacred ground demanding an individual’s respectful behaviour cum strict adherence to its rules and procedures. Persons present in court ranging from counsels, witnesses and the audience must conduct themselves according to the court’s rules.
As held in the case of Kelly v Mun. Court of Marion City., 852 F. Supp. 724, 735, a courtroom is not a debate hall or a gathering place for the public to exchange ideas; it is a forum for adjudicating the rights and duties of litigants.
In essence, preservation of certain legal ethics is really essential for upholding the dignity of the legal profession. In the course of shedding light on this topic, much emphasis shall be laid on Courtroom Decorum and Compliance with Court Rules and Orders.
Courtroom Decorum
In a simple term, courtroom decorum connotes a proper behaviour in a trial involving a formal behaviour with courtesy. It is a proper conduct that befits the dignity of a courtroom. Through propriety in conduct, manner, composure and speech, courtroom decorum is observed.
The most significant aspect of it is the fact that it helps in the attainment of justice because its observance ensures that court proceedings are conducted in an orderly manner without disruption or distraction.
Moreover, it is essential to establish the fact that observing courtroom decorum maintains the respect for the legal process in such a way that the judge(s), counsels and witnesses are able to perform their duty in the course of dispensing justice.
Statutorily, courtroom decorum as one of the significant etiquettes of the legal profession is well established in Rule 36 of the Rules of Professional Conduct for Legal Practitioners, 2007. It provides to the effect that in a courtroom, a lawyer shall; be properly attired, conduct himself with decency and decorum with outright respect to the court’s code of behaviour, rise when addressing or being addressed by the judge, address his objections, arguments and observations to the judge and shall not be involved in any discourteous conduct.
It has been said that ‘punctuality is the soul of business’. A legal practitioner must always be punctual and be in the courtroom ready to proceed at the designated time for proceedings. His unpunctuality inconveniences not only him but other persons with whom he has to deal. Besides, it could be degrading to the court. In the same tone, it is unprofessional for a counsel to walk out of the court probably due to the court’s decision or any other reason.
In the case of HDP v INEC & Or. (2009) LPELR – 8677 (CA), the Court of Appeal per ABOKI, JCA, regarding the conduct of a counsel who undressed the Court said:
“this conduct of Chief A. A. Owuru is reprehensible and a violation of the Statutory Rules of Professional Conduct for Legal Practitioners, 2007. He was most disrespectful to the Court and I am of the opinion that the conduct was a deliberate obstruction of justice…”
From the above excerpt, it is important to note that a lawyer must not be the cause for the delay and obstruction in administering justice. The court must be treated with profound respect, regard and dignity.
In conjunction with the aforementioned, other expected demeanors in courtrooms include:
Addressing the judge(s) in a respectful manner with expressions such as My Lord(s), Your Lordship, Your Worship, Honourable Court. For every corrections, advices, guidance given by the court, a counsel must always be appreciative.
Opposing counsels and witnesses should also be treated with respect when examined.
Taking the court’s permission to leave when one is engaged with a matter in another court.
Avoiding exchange of banters, personality display or controversy which may disrupt proceedings.
Keeping one’s phone switched or on silent mode.
No food or drink should be taken to the court.
Not recording the proceeding with phone or camera among others.
Compliance with Court Rules and Orders
The legal setting requires strict adherence to its frameworks to ensure ethical conduct. In the realm of court proceedings, compliance with court rules and order is not just a mere formality but that which upholds the dignity and integrity of the judicial system. One’s compliance with court rules and orders shows respect for the court and the rights of others. Failure to do so disrupts dispensation of justice and can lead to severe repercussions.
Going further, courts establish rules and give orders on matters brought before them in order to moderate legal processes, protect rights from being trampled upon and prevent frivolous claims.
In Solanke v. Somefun (1974) 1 SC 141 at p. 148 this court per SOWEMIMO, J.S.C observed:
“Rules of court are meant to be complied with and therefore, any party or counsel seeking the discretionary power of a Judge to be exercised in his favour must bring his case within the provisions of the rules…”
As stated earlier, failure to comply with court rules and orders has serious consequences. For instance, a person who fails to appear in court for trial may held in contempt of court subjecting him to a fine or imprisonment at the discretion of the court. Non-compliance of a party with a court order imposes a possible dismissal of the case or may be ordered to pay the other party’s costs.
Additionally, courts possess the power to impose sanctions for non-compliance ranging from fines to more severe measures which may include personal liability, imprisonment, reputational damage, loss of credibility in future legal proceedings among others.
Notably, in order to avoid the perils of non-compliance and ensure a smoother enforcement of court rules and orders, there are strategies to be considered among which are: implementing compliance management system, competence of counsel, enlightenment of clients and witnesses, maintenance of open communication, knowledge of the rules etc.
Conclusion
Overall, the legal profession is built on ethics and etiquette. Similarly, it is known for its nobility and its members should in all aspect avoid unethical, unprofessional, discourteous conducts that may erode its dignity and nobility. The court should enforce decorum with utmost compliance with its rules and orders.
OTHER PUBLICATIONS BY THE WRITER
A. O. TOHEEB & S. A. ASHIMI: LEGAL FRAMEWORK ON PERSONS LIVING WITH DISABILITIES IN NIGERIA
S. A. ASHIMI & A. A. AKINLABI: LEGAL ETIQUETTES: APPRAISING COURT DECORUM & COMPLIANCE
ASHIMI SAOBAN ADEDAYO IS A SECOND YEAR LAW STUDENT OF UNIVERSITY OF ILORIN, KWARA STATE, NIGERIA. HE IS INTERESTED IN ADVOCACY, STUDENT LEGAL PRACTICE, HUMAN RIGHTS ACTIVISM, LEGAL WRITING, ESSAY WRITING, AMONG OTHERS.
AKINLABI ABDULLAH AKINWALE IS A SECOND YEAR LAW STUDENT OF UNIVERSITY OF ILORIN. HE IS A RECIPIENT OF SEVERAL PRIZES IN ESSAY WRITING WITH INTEREST IN LEGAL WRITING, ACTIVISM, STUDENT LEGAL PRACTICE AMONG OTHERS.
