Oral submissions and courtroom procedure - Addressing the tr...

Learning Outcomes

By the end of this article, you will be able to:

• Apply the correct procedure and etiquette for addressing tribunals in civil and criminal court.
• Distinguish the formal modes of address for various judicial officers.
• Use suitable formal language and structure when making oral submissions.
• Identify common pitfalls in oral communication before a tribunal and explain why correct formality and terminology are required for SQE2.

SQE2 Syllabus

For SQE2, you are required to understand best practice for oral submissions, including how to address courts and tribunals and use appropriately formal language. You may be assessed on:

• how to address judges and tribunal panels at different court levels
• the expected forms of language, tone, and etiquette in oral submissions
• correct use of formal court and legal terminology in submissions and advocacy
• adapting language for tribunal members vs. juries or lay benches
• the practical impact of etiquette and speech formality on advocacy outcomes

Pay special attention to the practical differences between tribunal types and the importance of respectful, professional communication.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the correct form of address for a Circuit Judge in the County Court?
2. How should you refer to your opposing advocate if they are a barrister?
3. Name three examples of inappropriate or overly informal language in court submissions.
4. What should you do if unsure about the correct title to use for a particular judge?
5. Why is the use of formal language and correct address so important in oral advocacy?

Introduction

Addressing the tribunal and using formal language are core skills for the effective courtroom advocate. Proper etiquette, accurate terminology, and respectful forms of speech are expected in every court or tribunal. This ensures fairness and maintains the authority and neutrality of proceedings. For SQE2, you need to demonstrate not only substantive legal knowledge, but also correct oral advocacy technique: that includes choosing the right words and style at the right time.

Methods of Address: The Basics

Every court, tribunal, and judge has a correct title and mode of address. Using them properly is more than mere courtesy—it reflects knowledge of procedure and helps build credibility with the tribunal.

Key Term: mode of address
The recognised term, title, or phrase by which a judge or tribunal member is formally spoken to in court.

Key Term: tribunal etiquette
The required standards of behaviour, language, and respect in submissions made to a judge or tribunal.

Court-Specific Address

You must tailor your speech to the forum and the individuals hearing the case. Most importantly, do not treat lay benches, District Judges, Circuit Judges, and tribunal panels as interchangeable.

If in doubt, check the court list or ask the usher before proceedings start.

Addressing Opponents and Others

Always refer to your opponent as "My learned friend" if they are a barrister, or "My friend" if they are a solicitor. Do not use first names or informal vocabulary.

For witnesses, use "Mr/Ms/Dr [Surname]"—never first names, even for your own client, unless a child.

Key Term: formal language
The precise, respectful choice of words and sentence structure required in court, avoiding slang, colloquialisms, or overfamiliar expressions.

Formal Language and Structure in Oral Submissions

Your speech should be measured, polite, and direct. Begin submissions with an introduction stating who you represent and what application or matter you address.

• Use neutral and non-inflammatory words.
• Avoid slang, contractions, and overly casual phrasing (e.g., say "Your Honour, the application is for..." not "So, judge, what I wanna say is...").
• Keep sentences concise and on point.

The right structure for an oral submission generally follows:

1. Introduction: identify yourself, your client, and your application.
2. Summary of relevant facts/issues.
3. Statement of law or principle relied upon.
4. Argument applied to facts in issue.
5. Conclusion: state precisely what order or result you seek.

Key Term: oral submission
A formal argument or statement presented to a court or tribunal, usually spoken aloud, as part of advocacy.

Use of Titles and Correct Names

Always use the judge's or tribunal’s correct title. If unsure, politely ask the usher or listen to how others address the judge. If you make a mistake, apologise promptly and switch to the correct form.

Customary Phrases

Familiarise yourself with standard phrases that signal respect and professional court conduct, for example:

• "May it please your Honour..."
• "If I might assist the court further..."
• "Those are my submissions, your Honour."

Avoid excessive repetition; once is enough for your main point. Watch the judge's pen—do not speak so fast the judge cannot take notes.

Avoiding Informality and Common Pitfalls

Over-casual language or behaviour in court may cause the tribunal to view you as inexperienced or disrespectful.

• Never use the judge's first name.
• Do not substitute "you" for a judge's title except with lay magistrates ("Sir"/"Madam").
• Do not address the tribunal as "Judge"—use their specific judicial title.
• Never interrupt or argue with the tribunal. If you disagree, state politely: "With respect, your Honour, I submit that..."
• Stand when addressing the judge unless told otherwise.

Worked Example 1.1

A new solicitor accidentally addresses a Circuit Judge as "Sir" during a fast-track hearing in the County Court. The judge corrects her, asking to be called "Your Honour". What should the solicitor do?

Answer:
The solicitor should apologise immediately using a neutral phrase such as "I apologise, your Honour," and continue using the correct title for the remainder of the hearing.

Exam Warning

Using the wrong form of address, or failing to correct yourself, can harm your credibility before the tribunal and may affect your advocacy assessment.

Adjusting Language for Tribunal Panels and Different Audiences

If your case is before a panel (e.g., Employment Tribunal), use the chair’s name if provided, or defer to "Sir" or "Madam." Avoid addressing individual panel members by name unless invited.

When speaking to a jury, your tone and vocabulary may be less formal than with a judge, but you must remain polite, accurate, and avoid jargon or legalese not explained to the lay audience.

Key Term: legalese
Technical legal vocabulary, sometimes difficult for lay persons to understand, which should be avoided or explained when addressing non-lawyers.

Worked Example 1.2

In an Employment Tribunal, you are unsure whether the judge prefers "Sir" or "Judge". How should you proceed?

Answer:
Begin with "Sir" or "Madam"; if corrected or if the judge specifies a preferred term, use that form onwards.

Non-Verbal Etiquette and Behaviour

Your advocacy is judged not only on words, but also behaviour:

• Stand when addressing the court unless told otherwise.
• Bow when the judge enters or leaves the courtroom if appropriate.
• Avoid distracting movements (fidgeting with papers, slouching, or unnecessary gestures).
• Keep your phone off and do not eat or drink except water.

The Importance of Respect and Professionalism

Professional conduct is key at all stages. Speaking over a judge, raising your voice, or acting disrespectfully is never tolerated. If you require clarification, ask politely. If you do not know the answer to a point, acknowledge this and offer to provide information as soon as possible.

All forms of discourtesy—incorrect naming, casual speech, interruptions—undermine your submissions and your standing as an advocate.

Revision Tip

Make a revision table listing each court, the usual judge type, and the correct form of address. Practise reciting them before the SQE2 exam—accuracy matters.

Key Point Checklist

This article has covered the following key knowledge points:

• The correct modes of address for judges and benches in all SQE2-relevant courts and tribunals.
• The fundamental rules of oral submissions, including order, content, and the importance of formality.
• Essential professional etiquette in speech and behaviour before a tribunal.
• How to adjust language and tone for tribunals, judges, juries, and lay benches.
• Common mistakes to avoid in courtroom and tribunal address.

Key Terms and Concepts

• mode of address
• tribunal etiquette
• formal language
• oral submission
• legalese