Professionalism among lawyers and other court participants is essential to support the administration of justice. Professionalism also contributes to public confidence in the legal system and helps build a lawyer’s reputation with clients, other lawyers and the courts. Principles of professionalism encompass both the rules and customs established by the courts as well as ethical obligations set out in the Code of Conduct.

This resource is intended to be a starting point to help you feel more comfortable navigating your professionalism obligations for in-person court proceedings. The information is not exhaustive and may differ slightly based on the level of court.

Preparing for Court

While your focus leading up to court may be on perfecting those things that will advance your client’s interests, there are a few other general considerations of which to be mindful.

The courtroom is a formal setting, and your appearance should reflect that. Plan to dress as professionally as possible and be well-groomed. If your practice involves only occasional court appearances, mark the court date clearly in your calendar so you can ensure you select the right attire the morning of. You could also consider keeping an extra suit and dress shoes in your office in the event you unexpectedly need to attend court.

Be sure to familiarize yourself with the gowning requirements depending on the level of court and type of proceeding.

• The Alberta Court of Appeal requires gowning when appearing before a panel of justices and at bar admissions. You are not required to gown when appearing before a single appeal judge. If you have personal circumstances, such as pregnancy, a medical condition or a disability, you may modify your traditional court attire to accommodate your personal circumstances as you see fit without court permission, including dispensing with a waistcoat and tabs. Ensure modified attire is dark in colour and in keeping with court decorum.
• The Court of King’s Bench of Alberta requires gowning at any proceeding in which viva voce evidence will be heard and for the following matters:
  • Civil, Family and Criminal Trials, including uncontested divorces, surrogate, estate and dependent adult trials and assessments of damages;
  • Emergency Protection Order (EPO) and Protection Order (PO) Review hearings only if viva voce evidence will be heard;
  • Summary Trials, regardless of whether viva voce evidence will be heard;
  • Hearings under the Reciprocal Enforcement of Maintenance Orders Act and other Hague Convention and inter-provincial hearings;
  • Criminal guilty pleas, arraignments and jury selections;
  • Oral hearings for divorce, regardless of whether viva voce evidence will be heard;
  • Judgments, except where gowning was not required for the hearing giving rise to the judgment;
  • Appeals from the Alberta Court of Justice and Surface Rights Board appeals, but not an appeal from the decision of an Applications Judge;
  • Adoptions; and
  • Bar Admissions and Swearing-in Ceremonies.
• The Alberta Court of Justice does not require gowning.

You can purchase a gown through companies in Edmonton or Calgary or borrow one from the Iris Barry Yake Robe Bank or a colleague.

It is critical to be on time for your matter. Lawyers often cite conflicting schedules or travel from another jurisdiction as a reason for being late, but these can signal a lack of preparedness and respect to the court and other court participants. It can also cause undue stress that isn’t helpful to you or your client. Use your best efforts to not schedule any obligations that will conflict with your ability to be on time for your court matter. When deciding when you should leave for the courthouse, consider traffic, parking, security screening, locating the specific courtroom, and any last-minute conversations you need to have with your client and the opposing lawyer or party.

Before entering the courtroom, remove your outerwear, headwear and sunglasses unless you need to wear them for religious or medical reasons. While you may use electronic devices as needed in Court of King’s Bench and Court of Justice courtrooms, counsel and public cannot do so in Court of Appeal courtrooms (see Court of Appeal’s Policy on Uses of Electronic Devices in Courtrooms). You should ensure your ringer and sound notifications are turned off on all devices. You can bring water into the courtroom, but other beverages, food and chewing gum are not allowed.

If your practice includes remote appearances and hearings, be sure to review the applicable practice note on the Courts’ website to familiarise yourself with the expectations for those settings. See the following for more information:

• Alberta Court of Appeal Guide for Connecting and Attending a Virtual Hearing
• Court of King’s Bench of Alberta Remote Hearing Protocol & Troubleshooting
• Alberta Court of Justice Conduct Guide for Remote Appearances

Most of the above expectations also apply to clients who attend court, although a notable difference is that members of the public must completely turn off their electronic devices in all courtrooms and it may take them longer to pass through the security screening. Ensure your client is aware that there is a no-recording policy for both in-person and virtual court appearances. Discuss these and other applicable expectations outlined below with your client in the days leading up to the court date, so they have adequate time to prepare. Using a short checklist is an efficient way to ensure you communicate all applicable expectations to your client.

If you or your client requires an accommodation regarding any of the expectations listed in this and the following section, review the allowances on the Courts’ website and contact the appropriate court’s Registry in advance of your appearance for further guidance.

During Court

There are several formalities that are important to follow as a matter of respect to the Court and court process.

• Court commences when the Justice enters the courtroom. If you are able, stand when the Justice enters the courtroom, bow when the Justice bows to the gallery, and sit when the Justice or court staff invites you to do so. If the Court is in session when you enter or leave the courtroom, bow upon your entrance and exit. Also bow when you cross the bar that separates the gallery from the formal court area. If you are in the courtroom when the Court breaks or concludes, stand when the Justice leaves the courtroom.
• When the Court is in session, find a seat in the gallery as standing is generally not permitted in courtrooms.
• Unless the Justice or court staff specifically calls on you, do not talk while in the gallery.
• More is said about tone and civility below, but refrain from using hand gestures or making facial expressions anywhere in the courtroom.
• If you must leave the courtroom while waiting for your matter to be heard and there is a risk that your matter may be called, ask the Justice or court staff, if possible, to move your matter to the end of the list. Otherwise, you run the risk of your matter being struck from the list.
• Stand anytime you speak with the Justice and sit when others are speaking.
• Unless the Justice directs otherwise, expect to speak first if you are the applicant and second if you are the respondent.
• When you first speak on the record, introduce yourself, your client by name, and whether they are the applicant or respondent. Consider providing preferred titles, such as Ms, Mr, Mx or Counsel, and pronunciation information.
• The appropriate form of address for the Justice or Judge depends on who is presiding:
  • A Chief Justice should be addressed as “Chief Justice.”
  • An Associate Chief Justice should be addressed as “Associate Chief Justice” and a Deputy Chief Justice should be addressed as “Deputy Chief Justice.”
  • A Justice should be addressed as “Justice” or “Justice” followed by their last name. Referring to a Justice as “Your Honour” remains acceptable only in the Alberta Court of Justice. Do not refer to a Court of King’s Bench Justice as “My Lord” or “My Lady.”
  • An Applications Judge should be addressed as “Judge” or “Your Honour.”

Tone and civility are important in everything you do, but particularly during court proceedings when pressure and emotions can run high. It is helpful to remind yourself and your client that the legal process, despite its adversarial nature, functions best without unnecessary distractions. As a lawyer, you have an obligation to be courteous and civil and act in good faith to your client, the opposing lawyer and party, the courts and all other persons with whom you have dealings (Code of Conduct, Rule 5.1-6).

Speak clearly with a neutral tone, volume and pace so the Justice and others can hear you. Avoid interrupting, being disrespectful or being argumentative. If you are unclear about what the Justice said, asked or ordered, it is okay to ask for clarification. However, refrain from expressing disapproval or your personal opinion. If you find yourself becoming overwhelmed, ask for a short adjournment to regain composure. See the Law Society’s Civility Best Practices resource for more guidance.

Communicating with the Court

The Alberta Rules of Court and court directives provide guidance on how to resolve forms of order and other procedural issues. However, sometimes issues arise that you may be unsure how to address.

Except where a Justice otherwise directs, the appropriate means for communicating with the Court is on the court record and on notice to the lawyer for/or the opposing party. The Court reserves the right not to respond to communications that are not on notice or copied to the lawyer for/or the opposing party. Communications where all parties are not copied are not acceptable.

The Code of Conduct, Rule 5.1-2B, confirms that, except where authorized by law and subject to Rule 5.1-2A, a lawyer must not communicate with any court in the absence of the opposing party or their lawyer concerning any matter of substance, unless the opposing party or their lawyer has been made aware of the content of the communication or has appropriate notice of the communication.

As noted earlier, you have an obligation to be courteous and to maintain dignity and decorum not only in court, but in everything you do. This includes all communication with the Court and court staff and also includes in written submissions.

Other Tips

If you are new to the court process, consider taking some time to observe court proceedings to see how professionalism expectations look in practice. If you are unsure about something or have questions, ask a senior lawyer or your mentor for guidance. Most lawyers are helpful and understand the challenges of navigating these processes.