A bow for the judge

Despite my best efforts, this new year has brought about the discussion of updating my blog. I am sure that you were all incredibly bored during the holiday break – and missed my blogs dearly! However, this year signals a great change for The Underage Lawyer, both the social media and the writer.

It is our third year of blogging together, and I am very excited to introduce a new blog series. This series is going to signal a change in The Underage Lawyer, as I move from purely reading textbooks to delving into the reality of the legal world.

As I commence my second year of law, I think it is evident to most that I have graduated from the precocious wannabe lawyer. I am now something akin to a semi-lost law clerk. I say semi lost because as you will discover in this upcoming series, life as a law clerk isn’t as simple as the textbooks suggest. There is awkwardness and a distinct lack of sophistication as I negotiate the path from the textbook to the court.

Although I cannot publish names, dates or juicy case details, I can promise you to accurately details the mishaps of my daily events at court. Already in the last six months, I have made enough mistakes to make a soap opera.

Ready for the day!

Firstly, an introduction to the two most important places in a clerk’s adventure.

One; the office where my senior/boss/supervisor works. The office is important as a lot of the time I'm situated there. The room consists mostly of books and unsorted files. A desk, trinkets, and three chairs accompany this messy array of records.

Two: The courtroom. Far less time is spent here than the movies suggest, but there’s a lot of time to marvel at the excitement of it never the less. In the courtroom beware, many odd rules and rooms might land you in strife.

The first day I spent on my clerkship I was attending a case in court. As a clerk, I don’t have to stand up or say anything. I get to follow behind the barrister and hold any important notes as well as take notes for myself. It’s a lot like being a secretary because the more you can keep track of the files and where they are the better you’ll do.

If you’re ever going to be a clerk I’d recommend working on your memory retention –  the ability to remember cases is a godsend! Try to remember both cases you’ve worked in and the cases you have used as precedents. In fields like family and criminal law you’ll use the same precedents again and again, so the faster you remember them the better you will be able to follow legal arguments in court.

But back to the case, this wasn’t a jury trial – it was a sentencing proceeding. This is a far more casual affair in which the judge lays down what he will punish the convicted with, and any mitigating factors are considered (although sometimes it happens before this date).

Hanging out in the witness room
before a case!

Of course, most court behaviors must accompany this proceeding but who knew there were so many! While law books write about deference to the judge and court to show respect to the justice that is present it’s a lot different to act it out in court. The act of respect usually takes form in a bow towards the judge and this bow feels pretty awkward.

In school, I thought I knew what it felt like to bow to a judge. You bend slightly, straighten and then take your seat.

If only it were that simple!

 In a courtroom, you feel especially concerned about not making a fool of yourself. So as the excited but terrified junior I have I had no idea what to do when the judge entered the room. I knew to bow of course – but how deep, how long and in what direction?

Most people would assume that you can just copy the barristers and solicitors that surround you – but beware - they are seldom useful when you’re not sure what to do. The different members of the court room all appear to have different ideas about what they’re doing Not that they’re all vastly different, but they’ll all have varying degrees of duration, depth, and direction – so don't look to them for help!

Peppermint chocolate...I burned a lot
of calories with all that bowing!!

Older barristers and solicitors make their bow confident, ending their bow with a sophisticated nod to the judge. Most of them will have worked with the same judge several times before, and their professional relationship shows by the ease of the gesture. However, younger solicitors and barristers perform a quick head bob, much like a bird pecking for worms. They appear almost unsure if they’re meant to be bowing at all. So, when you’re trying to figure out what to do, stick with short and straightforward. At least that way you can’t be caught still bowing while the others are sitting down! 

Who knew something so simple could be so awkward?

As a first day on the job, it was a surprisingly simple thing that tripped me up. There is no need to fret if you’re just beginning your legal career in high school or at uni. We’re all going to make mistakes, and something as simple as a bow can’t end your chances forever. Remember when you’re feeling awkward you’re probably not alone – so just do your best!