Court room etiquette: Why you should never leave the bar table empty

Ensuring the bar table is never left empty is what Sir Maurice Byers referred to as one of the “rituals and traditions of common law”. It is an unwritten rule of professional courtesy and respect for the court and the rule of law. Unfortunately, I have seen the bar table left empty by junior lawyers many times which means either:

   1.       They are being intentionally disrespectful; or

   2.     Do not know about the rule.

I like to think it is (2). Lawyers just do not discuss court room etiquette enough, so it is very easy for a junior lawyer to miss out learning about the rule.

Getting acquainted with the bar table:

The bar table is a large, long table in the centre of the court room that faces the judge. The bar table generally has lecterns, but it depends on which court you are in. The bar table should be treated with utmost respect. While paper, folders you are using and your notes can be placed on the bar table, handbags and drink bottles are a definite no. Items not appropriate for the bar table should be placed on the ground or ideally not taken to court at all. Placing mobile phones on the bar table is downright rude, though I have noticed quite a few lawyers doing this. Keep your mobile in your pocket on silent and if you need to take a call leave the court room before answering.

Who sits at the bar table?

Every party should be represented by someone sitting at the bar table. If the party is unrepresented, the individual should sit at the bar table. If the unrepresented party sits in the wrong place (ie at the back of the court room), the judge will direct the party to sit at the bar table. If the party is represented the lawyer should sit at the bar table. If barristers are involved, the barristers will sit at the bar table with the lawyer behind or nearby to assist if necessary.

The rule in a nutshell:

The bar table should never be left unoccupied. Remain at the bar table until the judge excuses you, the next matter is called or the court adjourns.

How to ensure the bar table is never left empty:

  1. When the judge comes onto the bench, the bar table should be already occupied.

  2. The bar table should be occupied at all times. In list matters such as for pre-trial reviews in the Local Court, ensure all available seats at the bar table are taken at all times. This will enable the lawyers of the finishing matter to leave immediately as you will be there at the bar table already waiting to mention your matter. On list matters, it is also wasting everyone’s time if the bar table is left empty. Usually there will be people lining up to get a place at the bar table.

  3. If you find your matter has concluded and no one else is at the bar table:

a.       Wait at the bar table until another party joins you; or

b.      Wait until the judge or registrar excuses you.

  4. The bar table must be occupied when the judge leaves the bench. This means if you are the last matter on the list and you are at the bar table or the last matter mentioned, you must stand at the bar table when the judge exits and remain at the bar table until the judge has exited.