Documente Academic
Documente Profesional
Documente Cultură
References:
4. Clothing
- view from the Bench
- button up
5. Attitude to Court
- deference without servility
- stand up when speaking or when spoken to
- no private conversations
- don’t speak to other counsel except through the Court
- Rule 15 1978 malaysian legal profession (practice and etiquette) rules – respect to court
- See also rules 54 and 55(a) sg rules –
o 54 - to cnduct each case in manner most advtageous to client so long as does not conlfic tiwth interests of ujustice,
public interest and professional ethics
o 55 – act with due courtesy to court before which he is appearing
7. Court Style
- Opening Statement
- frame questions clearly
- don’t examine witnesses on effects of documents
- don’t be personal with other counsel
- don’t prompt witnesses
- do not, as a general rule, interrupt counsel when counsel on his feet
- don’t disturb other counsel
- watch the judge’s pen
- don’t object unnecessarily
8. Importance of Style
- style matters
- style helps to win
- don’t be too costs conscious
- don’t aim to win at all cost
- your reputation is worth more than one case
9. in relation to opponent
- rule 47 sg rules – treat proff colleagues with coutesy and fairness
- otherwise grds for complaint to law soc
- includes
o introd urself to judge then opponent (if opening proceedings)
o when introd by opponent, stand up and bow to court
o refer to opponent as my learned friend
o don’t interrupt
o don’t interrupt submission unless grossly misleading assertion of fact or misguided line of argument
10. In relation to witnesses
- rule 61 of sg rules and rule 33 of 1978 rules
o 61 – in all cases not to amek statements or ask qn scandalous or intended to insult or calculated ony to vilify or
annoy or otherwise abuse fn of advocate and sol; and to ex judgement as to substance and form of qn put
o 33 – advocate and sol to treat adverse witnesses with fairness and due consideration and not minister to
malevolence or prej of client in conduct of case
o 36 (1978 rules) – advocate to prevent client fr wrongful conduct towards courts etc; he shall use his best efforts to
prevent client fr doing things which he himself ought not do and where client persists in wrongdoing, h is to
terminate the rr.
- Advocate resp for behaviour of client in court