RESEARCH

METHODOLOGY

COURT MANNERS- NEED, CLARITY

OF FACTUAL PROPOSITION AND
GRASP OF LEGAL ASPECTS

SUBMITTED TO: SUBMITTED BY:

PROF.(DR.) GULSHAN KUMAR TAMANNA SHARMA
ROLL NO.- 235/19
B.COM LLB(H)
SECTION - D
SEMESTER- 6th
ACKNOWLEDGEMENT
I would like to express my gratitude to my teacher Prof. (Dr.) Gulshan Kumar who gave me the
golden opportunity to do this wonderful project on the topic “Court Manners - Need, Clarity of
Factual Proposition and Grasp of Legal Aspects”. The topic helped me in doing a lot of Research
and add new things to my knowledge. I am really thankful to sir.
I would also like to thank my parents and friends who helped me in completing this project within
the limited time frame.
 TABLE OF CONTENTS
SR. NO. TITLE PAGE NO.
1 INTRODUCTION 4
2 WHAT ARE COURT MANNERS AND ETIQUETTES? 4
3 VIRTUAL COURTROOM ETIQUETTES 11
4 CLARITY OF FACTUAL PROPOSITION 13
5 GRASP OF LEGAL ASPECTS 16
6 BIBLIOGRAPHY 18
INTRODUCTION
In today’s world, everything is dynamic, be it the technological advancements or the social
conditions, all the factors are evolving for good and so is the way of working. Every profession
is diversifying and opening up new opportunities for the new generation. Among these is one
of the oldest professions known to mankind, the legal profession. This profession is one of the
most important for the administration of justice and to maintain a balance between the
legislature and the common people.

All members of this profession have the paramount duty to uphold the dignity it stands for in
the society and administer the justice. This duty prevails over all other duties. This duty has a
wide horizon and at times may also affect the client-counsel relationship. But each member of
the legal profession is entrusted to maintain the independent and impartial delivery of justice.
For the same, all members of this noble profession need to acquaint themselves with the
manners and etiquettes in which they have to present themselves because as Richard Steele
quotes, “Etiquette is the invention of wise men to keep fools at a distance.”

WHAT ARE COURT MANNERS AND ETIQUETTES?

DEFINITION

Merriam-Webster defines manners as “a characteristic or customary mode of acting” and

etiquettes as “the conduct or procedure required or prescribed by authority to be observed in
social or official life.”

WHAT DOES COURT ETIQUETTE MEAN?

Etiquette is defined as the conventional requirements of social behaviour. In a courtroom

setting, this etiquette is interpreted as proper behaviour to display while you are in the presence
of the judge. No matter who you are, the same rules apply. When you show respect for the
court’s rules, you’re helping the court and you’re helping yourself.

When we think of courts in general, the first thing that comes to mind is the formality with
which one must approach the court. In the court, including lawyers, witnesses, police officers
and the public must conduct themselves according to the Court's rules. But for the people in
the profession, Courtroom etiquette is even more important to know.
Here, let us take an example. An advocate is giving the best arguments of her whole career,
suddenly her phone rings and she actually attends the call. Now, this small incident will
probably horrify the Judge and he even might not hear your arguments.

So, talking about the lawyers in particular, these etiquettes are even more important because
no matter how brilliant the lawyer is or has impressive credentials, is thorough with her case
preparation, or even has razor-sharp analytic skills, she risks damaging her case and her
reputation, if she fails to comply with basic courtroom etiquette.

A lawyer will undoubtedly learn these behavioural norms in the trenches over time, but she is
well advised to have a courtroom etiquette checklist in her trial notebook as a quick reference
guide. The aim is to avoid those small faux pas that can embarrass and fluster an advocate, as
well as larger lapses in professional judgment that can damage a client’s case or a lawyer’s
reputation.

Over the years it has been made out that the legal profession is necessarily the keystone of the
arch of Government. If it is incapacitated and subjected to the corrosive and demoralizing effect
of those who are governed by craft, greed, gain, or other worthless objectives, the arch will
eventually fall. The future of the country depends upon the maintenance of the shrine of justice,
pure and unrolled by the advocates. Thus, it cannot be maintained, unless the conduct and
motives of the members of the legal profession are what they object to be. Therefore, it becomes
the plain and simple duty of the lawyers to use their influence in every legitimate way to help
and make the Bar what it is ought to be. A code of ethics is one method of furtherance to this
end.

Advocates have the dual responsibility of upholding the interests of the client fearlessly while
conducting themselves as officers of the court. Accordingly, they are expected to adhere to the
highest standards of probity and honour. An advocate’s conduct should reflect their privileged
position in society which derives from the nobility of this profession. In a nut shell, if you are
an advocate your service to the common man should be compassionate, moral and lawful.

Bar and bench are two eyes of the Justice. There are judicial ethics and etiquette for judges.
There are professional ethics and etiquette for advocates. Every advocate should follow them
in his profession. Advocacy is a noble profession. It cannot be compared with any other
profession like trade, business etc. because it is a part and parcel of the judiciary and
administration of justice.
The main object of the professional ethics of advocacy is to maintain the dignity of the legal
profession. Chief Justice Marshall OF US Supreme Court has observed in this respect, “The
fundamental aim of legal ethics is to maintain the honour and dignity of the law profession to
secure a spirit of friendly co-operation between the bench and bar in the promotion of higher
standard of justice, to establish honourable and fair dealings of the counsel with his client,
opponent and witness, to establish a spirit of brotherhood with bar itself and to secure that
lawyers discharge their responsibilities to the community generally”.

The Bar Council of India is a statutory body that regulates and represents the Indian Bar. It was
created by Parliament under the Advocates Act, 1961. It prescribes standards of professional
conduct and etiquette and exercises disciplinary jurisdiction. Section 49(1) (c) of the Advocates
Act, 1961 empowers the Bar Council of India to make rules to prescribe the standards of
professional conduct and etiquette to be observed by the advocates. It has been made clear that
such rules shall have effect only when they are approved by the Chief Justice of India.

The rules mentioned in the Chapter II, Part IV of the Bar Council of India Rules on standards
of professional conduct and etiquette shall be adopted as a guide for all advocates in conducting
matters related to law.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1.ACT IN A DIGNIFIED MANNER
During the presentation of his case and also while acting before a court, an advocate should act
in a dignified manner. He should at all times conduct himself with self-respect.

2. RESPECT THE COURT

An advocate should always show respect towards the court. An advocate has to bear in mind
that the dignity and respect maintained towards judicial office is essential for the survival of a
free community. In the case, UP Sales Tax Service Association vs Taxation Bar Association,
an advocate was carrying a revolver along with him to the court. So, it was held by the Supreme
Court that if an advocate attends the court with firearms, then it definitely against the dignity
of the legal profession.
3. NOT COMMUNICATE IN PRIVATE TO A JUDGE
An advocate should not communicate in private to a judge with regard to any matter pending
before the judge or any other judge. An advocate should not influence the decision of a court
in any matter using illegal or improper means such as coercion, bribe etc.

4. REFUSE TO REPRESENT CLIENTS WHO INSIST ON UNFAIR MEANS AND

ESTABLISHMENTS OF WHICH HE IS A MEMBER
An advocate shall refuse to represent any client who insists on using unfair or improper means.
He shall not blindly follow the instructions of the client. He shall be dignified in use of his
language in correspondence and during arguments in court

5. APPEAR IN PROPER DRESS CODE AND NOT TO WEAR BANDS OR GOWNS IN

PUBLIC PLACES
An advocate should appear in court at all times only in the dress prescribed under the Bar
Council of India Rules and his appearance should always be presentable. An advocate should
not wear bands or gowns in public places other than in courts, except on such ceremonial
occasions and at such places as the Bar Council of India or as the court may prescribe.

6.REFUSE TO APPEAR IN FRONT OF RELATIONS

An advocate should not enter appearance, act, plead or practice in any way before a judicial
authority if the sole or any member of the bench is related to the advocate as father, grandfather,
son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister,
aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-
in-law.

RULES ON ADVOCATE’S DUTY TO OPPONENTS

1.NOT TO NEGOTIATE DIRECTLY WITH OPPOSING PARTY

An advocate shall not in any way communicate or negotiate or call for settlement upon the
subject matter of controversy with any party represented by an advocate except through the
advocate representing the parties.
2. CARRY OUT LEGITIMATE PROMISES MADE
An advocate shall do his best to carry out all legitimate promises made to the opposite party
even though not reduced to writing or enforceable under the rules of the Court.

RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES

1.CONSENT OF FELLOW ADVOCATE TO APPEAR

An advocate should not appear in any matter where another advocate has filed a vakalt or memo
for the same party. However, the advocate can take the consent of the other advocate for
appearing.

2. NOT ADVERTISE OR SOLICIT WORK

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by
circulars, advertisements, touts, personal communications, interviews other than through
personal relations, furnishing or inspiring newspaper comments or producing his photographs
to be published in connection with cases in which he has been engaged or concerned.

3. NOT TO PROMOTE UNAUTHORIZED PRACTICE OF LAW

An advocate shall not permit his professional services or his name to be used for promoting or
starting any unauthorised practice of law.

4. SIGN-BOARD AND NAME-PLATE

An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or
name-plate or stationery should not indicate that he is or has been President or Member of a
Bar Council or of any Association or that he has been associated with any person or
organisation or with any particular cause or matter or that he specialises in any particular type
of work or that he has been a Judge or an Advocate General.
RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1.BOUND TO ACCEPT BREIFS AND NOT DISCLOSE THE COMMUNICATIONS

BETWEEN CLIENT AND HIMSELF
An advocate is bound to accept any brief in the courts or tribunals or before any other authority
in or before which he proposes to practise. Special circumstances may justify his refusal to
accept a particular brief. An advocate should not by any means, directly or indirectly, disclose
the communications made by his client to him. However, he is liable to disclose if it violates
Section 126 of the Indian Evidence Act, 1872.

2. INTIMATE THE CLIENT ON AMOUNTS AND PROVIDE COPY OF ACCOUNTS TO

KEEP PROPER ACCOUNTS
Where any amount is received or given to him on behalf of his client, the advocate must without
any delay intimate the client of the fact of such receipt. An advocate must provide the client

3. NOT APPEAR FOR OPPOSITE PARTIES

An advocate who has advised a party in connection with the institution of a suit, appeal or other
matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite
party in the same matter.

4. AN ADVOCATE SHOULD NOT ACT ON THE INSTRUCTIONS OF ANY PERSON

OTHER THAN HIS CLIENT OR THE CLIENT’S AUTHORISED AGENT
This may lead to conflicts between advocate and his client.

5. NOT SUPPRESS MATERIAL OR EVIDENCE

An advocate appearing for the prosecution of a criminal trial should conduct the proceedings
in a manner that does not lead to conviction of the innocent. An advocate shall by no means
suppress any material or evidence, which shall prove the innocence of the accused.

6. NOT WITHDRAW FROM SERVICE

An advocate should not ordinarily withdraw from serving a client once he has agreed to serve
them. He can withdraw only if he has a sufficient cause and by giving reasonable and sufficient
notice to the client. Upon withdrawal, he shall refund such part of the fee that has not accrued
to the client.
7. NOT BID OR PURCHASE OR TRANSFER PROPERTY ARISING OF LEGAL
PROCEEDING
An advocate should not by any means bid in court auction or purchase, or acquire by way of
sale, gift, exchange or any other mode of transfer (either in his own name or in any other name
for his own benefit or for the benefit of any other person), any property which is the subject
matter of any suit, appeal or other proceedings in which he is in any way professionally
engaged.

The HIGH COURT OF PUNJAB AND HARYANA has also laid down a checklist for
anyone who is visiting the court which are as follows and should always be kept in mind while
visiting a Court:

• Wear clothing that would be appropriate for business.

• Arrive on time.
• Turn off electronic devices and cell phones before entering the Court room.
• Be polite to the Judge, opposing counsel and Court staff.
• Rise when the Judge enters and leaves the Court room, as a mark of respect to the
Court.
• Stand when speaking to the Judge, making or meeting an objection, or questioning a
witness.
• Do not interrupt others while they are representing their case.
• Submit all concerns and remarks to the bench and not to the opposing counsel.
• Smoking and drinking is strictly prohibited in the Court Complex.
• Audio or visual recording of proceedings is strictly prohibited.
VIRTUAL COURTROOM ETIQUETTE

The courtroom, whether a physical in-person courtroom, or a virtual courtroom using telephone
or video technology, remains a formal and serious setting where matters involving real people
and real lives are heard. Every case is important, and all participants are asked to maintain court
decorum in the virtual world, just as they would in person. We ask all individuals participating
in Virtual Court proceedings to continue to observe the following well-established rules of
court decorum:

1) Arrive on Time and Follow Virtual Platform Directions- To minimize distractions during
the court proceeding, one should log in a few minutes before the scheduled start time and follow
the virtual platform directions provided by the presiding judge and/or their staff. One should
identify themselves when in the virtual meeting with real name.

2) Dress Appropriately for Court- Business attire is always appropriate for court; sweatshirts,
gym clothes, Hawaiian shirts, concert t-shirts, sports team jerseys and pyjamas are never
appropriate. Attorneys: everyone understands that you must juggle multiple roles while
working from home, but business casual (example, collared shirt with or without a tie or jacket
for either gender) should be your minimum.

3) Eliminate Distractions- Participating in Virtual Court proceedings often means working

from home. One should try to locate a quiet area and minimize interruptions by others in the
home. It is agreeable that your children and pets are adorable, but their presence in the virtual
courtroom distracts, the Court, and other participants from the subject matter of the hearing.
One can consider using a Zoom Virtual Background to eliminate visual distractions in the
background. Cell phones and other technology should be put in silent mode during the Virtual
Court proceeding.

4) Do Not Speak out of turn or Interfere in testimony- Just like an in-person court setting,
the presiding judge will indicate when it’s your turn to be heard. In order to prevent any
accidental audio distractions, one should mute the audio setting until it is their turn to speak.
If another person is testifying, one may not suggest answers, make gestures, or otherwise coach
a witness or a party from off camera.

5) Be Courteous and Respectful to all Virtual Court Participants- Use good manners;
ensure that your physical and facial expressions are appropriate and uphold the dignity of a
court setting. Ensure your language upholds the dignity of a court setting – no profanity.
6) Do Not Bring Food to the Virtual Courtroom- This includes chewing gum. Coffee is fine,
we all need coffee.

7) Do not Use Tobacco or Vaping Products in the Virtual Courtroom

8) Sit Up Straight- Show the same courtesy the Court is showing you. Do not prop your feet
up on a table or chair.
CLARITY OF FACTUAL PROPOSITION
Facts are usually the information about the case given by the client to his lawyer. The lawyers
base their arguments on the facts given, in order to win the cases in the court of law. The very
first step to provide any legal solution to any issue at hand involves the application of the law
to the facts of the particular case. Before a legal solution to the particular problem can be found,
or a determination made whether a lawsuit should be filed, it is necessary to identify the facts
of the case which are critical to the outcome of the case.

DEFINITIONS:

The word “fact” is derived from the Latin word “factum.” It was first used in the English
language with the same meaning that is a thing done or performed. But the same is now
obsolete. The word “fact” now means “something which has occurred.” The meaning dates
from the middle of the 16th century. In layman’s language, the fact stands for “something
which is real, tangible like an actual event” and in a lawsuit, a fact is an information of the case
concerning an event or a circumstance.

In most of the common law jurisdictions, the concept of fact and its analysis reflects
fundamental principles of jurisprudence. It is also supported by various well-established
standards.

Under common law jurisdictions, the matters of fact have numerous formal definitions which
include:
• Fact is an element which is required in legal proceedings to demonstrate a cause of action;
• Fact is the potential ground of reversible error forwarded on appeal in an appellate court;
• The fact helps in the determinations of the finder of fact after evaluating admissible evidence;
and
• Any of the various matters subject to investigation so to establish whether a crime has been
perpetrated or not, and to establish the culpability of the accused.

According to Sec. 3 of The Indian Evidence Act, 1872, “Fact” means and includes—

(1) any thing, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.

Illustrations:

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or
fraudulently, or uses a particular word in a particular sense, or is or was at a specified time
conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact.

TYPES OF FACTS
• The relevant fact is the fact which has a certain degree of probative force. It means some
connection may be traced either from the cause to effect or from the effect to cause. All facts
can be said to be relevant that exists in relation to cause or effect to the fact alleged to exist.

• Irrelevant fact/ facts are those facts which are coincidental to the event but doesn’t have
significant legal importance in a case.

• Physical facts include state of things or relation of things, anything capable of being or
perceived by the senses.

• Psychological fact is any mental condition of which a person is conscious.

IMPORTANCE OF FACTS
• Our Indian legal system resolves disputes by applying the rule of law to the facts of the case.
The issue at hand is the specific question raised by the specific facts of one’s case. Therefore,
the facts are important for the issue at hand.

• Facts are also important so as to determine which law can be applied to a case or how law can
be applied to a particular case in the presence or absence of certain facts.
• Another reason for its importance is that the determination of whether the court’s opinion is
on point is largely governed by the similarity between the facts of the client’s case and the facts
of the court opinion.

LOGICAL AND LEGAL RELEVANCY OF FACTS

In India, there is no definition given to the term “Relevant” under the Indian Evidence Act. But
Section 5 to Section 55 of the Evidence Act dealt with the relevancy of the facts. The main
issue in this regard is deciding which fact fulfils the criteria of legally relevant as well as logical
in nature. A fact may be logically relevant, but there is no surety that it will be legally
admissible in the court of law. So all the evidence which are to be produced in the court of law
has to satisfy two conditions. And those two important hurdles are that the evidence has to be
both logically relevant and legally admissible at the same time.

In the case of State of UP v. Raj Narain, it was said that not all relevant facts are admissible in
the court of law. The Ram Bihari Yadav v. the State of Bihar is a landmark judgment which
explains the distinction between relevance and admissibility and the concept of clearing the
two hurdles. It states that relevancy is actually the test of admissibility. The Apex Court stated
that “in most cases, the two words admissibility and relevancy are used interchangeably, but
their legal implication is very different because often relevant facts such as communication
between the spouses in wedlock are important but not legally admissible.”

Needless to say, our basis of distinguishing between conclusions of law and propositions of
fact will depend in large measure on our definition of law. Of-course under any set of
definitions some things will more or less readily fall on the side of law, some on the side of
fact, and some in between. But the common law has not worked with any preconceived
definitions. Such classification as it has made has been blundered into on the basis of procedure.
One thing is clear, that whatever definition of law we adopt, there is a large and growing group
of facts that tend to be dealt with as matters of law after courts have had a large experience
with them in the course of which a uniform line of decisions on the facts has developed. So it
can be said that there is nothing wrong in saying that the facts of the case are imperative for
any outcome of the case. It not only helps in commencing the proceedings before the court of
law but also leads to the right direction to provide justice to the needy.
GRASP OF LEGAL ASPECTS.

1.BETTER APPLICABILITY OF LAW AND IDENTIFICATION OF LEGAL ISSUES

The aim of a case is not merely to present a legal dissertation to the judge, but to explain what
the result should be when the law is applied to the facts of a particular case. Therefore, it is
important to be aware of exactly what the facts of your case are. Rechecking the facts often
will be an important part of any preparation, but to begin with, you will almost certainly be
reading the facts to identify the applicable law and the likely legal issues.

2. FACTUAL PROPOSITION SERVES AS AN EVIDENCE

A factual proposition (in Latin, factum probans) is evidence in the third sense only if it can
serve as a premise for drawing an inference (directly or indirectly) to a matter that is material
to the case (factum probandum).
Illustration: The fact that the accused’s fingerprints were found in a room where something
was stolen is evidence in the present sense because one can infer from this that he was in the
room, and his presence in the room is evidence of his possible involvement in the theft.

3. FOR PROPER ADJUDICATION OF CASES

In making decisions, judges first determine their answer based on the whole of the facts, and
afterwards find the supporting legal principle. All legal minds need to function in this manner,
i.e., by first taking into account the sum total of the facts affecting a particular case. Another
reason for its importance is that the determination of whether the court’s opinion is on point is
largely governed by the similarity between the facts of the client’s case and the facts of the
court opinion.

4. FRAMING OF ARGUMENTS AND PRESENTATION OF CASE

Having a firm grip on the basics of the legal concepts of law is very important to build valid
and strong arguments to be presented in the court. Without the presence of this tool, mere
allegations do not build any case in front of a judge in the court.

5. FOR PROPER APPLICATION OF JUDICIAL MIND

Our legal system aims at providing justice to all concerned and this could not be done in a
mechanical way. It is a matter of prudence that no one law shall be applied to all the cases in
the similar way. The facts of each case are special and therefore there could not be any strait
jacket formula for application of law to the facts. Here comes the role of Judicial mind. Time
and again the importance of application of Judicial Mind to the facts of the case has been
highlighted by the Apex Court and this is only feasible when the Judicial Officer at large has
done a perusal of facts and can read in between the facts of the case.

6. IT IS COMMONLY ASSUMED BY MOST PRACTICING LAWYERS AND TRIAL

JUDGES THAT LAWSUITS ARE DECIDED MORE OFTEN ON THEIR “FACTS”
THAN ON THE “LAW”
It is now widely recognized that all general legal rules are bounded on one side by numerous
special exceptions, and on the other side by corollary rules compelling a contrary result.
Whether a particular case shall be governed by Rule A, by the exceptions to Rule A, or by Rule
Contra-A depends entirely upon what the court or jury believes the "facts" to be; and a very
slight difference in the "facts" found -by the tribunal may make a vast difference in the result
of a case.

7. TO DIFFERENTIATE RELEVANT FACTS FROM IRRELEVANT FACTS AND

PREVENTING ABUSE OF PROCESS OF THE COURT
It is imperative to comprehend all the facts in a given case and the relationship between them,
and how to put pertinent information into the forefront, while downplaying the rest. Once the
facts are sorted, only then do we need to develop our arguments. It is of extreme importance
that facts irrelevant to the case must be side-lined and not argued upon to prevent the wastage
of time of Court and also to prevent the abuse of the process of the Court.
 BIBLIOGRAPHY
1. Canons of Judicial Ethics: Conduct, Character, and Integrity of Judicial Officer
by Y. Srinivasa Rao, Judge available at: http://www.latestlaws.com/wp-
content/uploads/2017/06/Canons-of-Judicial-Ethics-Conduct-Character-and-
Integrity-of-Judicial-Officer.pdf
2. https://www.ca.cjis20.org/pdf/judge/Virtual-Courtroom-Decorum.pdf
3. http://www.barcouncilofindia.org/about/professional-standards/rules-on-
professional-standards/
4. Niharika, Advocate’s Duty Towards Court available at:
http://www.legalserviceindia.com/legal/article-2373-advocate-s-duty-towards-
court.html
5. https://indiankanoon.org/doc/1031309/
6. https://legodesk.com/legopedia/facts-of-the-case/
7. https://blog.ipleaders.in/indian-courts-professional-ethics/
8. https://highcourtchd.gov.in/?trs=etiquette#:~:text=Be%20polite%20to%20the%
20Judge,they%20are%20representing%20their%20case.