Courtrooms are the physical embodiment of justice. They command respect, formality, and disciplined behaviour from everyone who steps inside—whether you are a judge, an advocate, a litigant, or simply an observer. Yet even seasoned legal professionals occasionally overlook the subtleties of courtroom etiquette, risking sanctions, embarrassment, or a poor impression on the Bench. This article offers a comprehensive guide to courtroom etiquette in South Africa, outlining best-practice standards for advocates, attorneys, witnesses, and members of the public.
What is courtroom etiquette?
Courtroom etiquette refers to the formal rules of conduct, dress, speech, and decorum that govern behaviour in court. Rooted in centuries of common-law tradition, etiquette is not mere ritual; it promotes order, respect for judicial authority, and equality of arms. While some protocols are codified in court rules or practice directives, many rest on convention and professional courtesy.
Why etiquette matters
- Respect for the rule of law: When participants behave properly, the authority of the court is reinforced.
- Efficiency: Observing time-honoured procedures prevents confusion and delays.
- Professional reputation: Advocates and attorneys build credibility by demonstrating impeccable courtroom etiquette.
- Fairness: Clear conduct rules protect vulnerable witnesses and unrepresented litigants from intimidation.
General courtroom etiquette for everyone
Punctuality
Arrive at least 15 minutes before the scheduled time. Late arrivals disrupt proceedings and may lead to a default judgment or warrant of arrest (in criminal matters).
Dress code
South African courts expect conservative, formal attire. Men should wear suits or jackets with collared shirts and ties; women should wear suits or modest dresses. No jeans, T-shirts, sneakers, or revealing clothing. Headgear is prohibited except for religious reasons, and cell phones must be switched off.
Demeanor
Stand when the judge or magistrate enters or leaves. Bow slightly towards the Bench. Never interrupt another speaker, and avoid gestures, eye-rolling, or audible remarks. Eating, drinking, gum-chewing, or reading newspapers is forbidden.
Addressing the court
Use prescribed honorifics:
- "My Lord/ My Lady" in the High Court
- "Your Worship" in the Magistrates' Court
Respond "As the court pleases" when the Bench Rules on an objection or delivers instructions.
Etiquette for advocates and attorneys
Gown and bands
In the Superior Courts, advocates must wear black gowns and white neck bands; attorneys with right of appearance must do likewise. In Magistrates' Courts, business suits are acceptable, and a black robe remains the order of the day for both advocates and attorneys.
Introductions and appearances
When the matter is called, rise, announce your appearance ("May it please the court, I appear for the plaintiff, instructed by...") and note any counsel junior to you.
Court conduct
| Do | Don't |
|---|---|
| Stand when addressing the Bench or when the Bench addresses you. | Lean on the podium or speak while seated (unless permitted). |
| Use measured language and avoid sarcasm. | Attack opposing counsel personally. |
| Make objections succinctly and on recognised grounds. | Object repetitively or for tactical delay. |
| Hand up documents through the orderly/usher. | Approach the judge uninvited. |
Movement in court
Advocates may move within the well of the court only to hand up exhibits or consult with instructing attorneys. Always request leave: "May I approach, My Lord?" Walking while opposing counsel or the judge is speaking is frowned upon.
Technology etiquette
Laptops and tablets are now accepted, but ensure notifications are muted. Do not photograph or record proceedings without explicit leave—this may amount to contempt.
Guidelines for witnesses and litigants
- Preparation: Understand the issues; ask for clarification from your legal representative beforehand.
- Oath: Take the oath or affirmation seriously; false evidence is perjury.
- Responses: Address answers to the court, not to counsel; speak clearly and avoid nodding or shaking your head (transcribers require verbal replies).
- Behaviour under cross-examination: Remain calm. Do not argue with counsel; wait for the next question.
- Children and vulnerable witnesses: Special intermediaries and CCTV links may be arranged; etiquette extends to respecting their dignity by avoiding intimidating behaviour.
Etiquette for the public and media
Courtrooms are generally open to the public, reflecting the principle of transparency. Observers must adhere to all general rules; no talking, no filming, and no reacting audibly to testimony. Journalists should sit where directed, refrain from flash photography, and respect embargoes or in-camera rulings.
Consequences of poor etiquette
- Judicial reprimand: A public dressing-down can tarnish a practitioner's reputation.
- Cost orders: Courts may award punitive costs against litigants whose counsel behaves discourteously.
- Contempt proceedings: Persistent disruption or disrespect can lead to fines or imprisonment.
- Professional discipline: The Legal Practice Council may sanction practitioners for misconduct.
Evolving courtroom etiquette in the digital era
Virtual hearings, introduced during the COVID-19 pandemic, highlight new etiquette challenges:
- Dress code still applies: Even on Zoom, counsel should wear appropriate court dress from head to waist at a minimum.
- Virtual background: Choose a neutral setting; avoid personal clutter.
- Microphone discipline: Stay on mute until addressed, and avoid speaking over others due to latency delays.
Judges now issue virtual hearing protocols specifying logging-in times, document filing, and breakout-room procedures.
Tips for mastering courtroom etiquette
- Visit the court: Law students and junior practitioners should observe senior counsel to absorb unwritten customs.
- Read practice directives: Each Division of the High Court Publishes directives that supplement national rules.
- Mentorship: Pupillage and articles remain the best training ground for etiquette.
- Prepare: Proper preparation reduces flustered behaviour that can lead to breaches of protocol.
- Respect everyone: From the interpreter to the judge, courtesy fosters smoother proceedings.
Conclusion
Courtroom etiquette is far more than ritual; it is the operating system that keeps the machinery of justice running smoothly. By mastering these protocols, legal practitioners demonstrate professionalism, clients enhance their credibility, and the public reinforces respect for the rule of law.
If you want to sharpen your courtroom skills—from drafting heads of argument to perfecting advocacy style—the Gawie le Roux Institute of Law offers practical courses that translate etiquette into advocacy excellence. Enrol today and stand out for all the right reasons the next time you appear before the Bench.
FAQs
What is the etiquette of the court?
Court etiquette encompasses the formal rules of dress, speech, punctuality, and decorum that maintain order and respect in judicial proceedings.
What is the best way to behave in court?
Arrive early, dress conservatively, stand when addressing the Bench, speak clearly and respectfully, and never interrupt.
Are lawyers allowed to walk around the courtroom?
Advocates may move within the well only with the court's permission—for example, to hand up an exhibit. Unnecessary movement is discouraged.
What is etiquette in law?
Legal etiquette refers to the unwritten professional norms—punctuality, courtesy to colleagues, and respect for the Bench—that uphold the dignity of the legal profession and the administration of justice.
This blog was last updated on 15/07/2025