Informative Lawyering: Court room Vocabulary

Every profession or vocation has a trademark, diction, form of dressing and expected behavioural pattern. It is therefore not foreign for a lawyer to continually be found using certain words or phrases. To the ordinary man, the lawyer may appear to be speaking some jargons known only to those in his field. Frequent attendees of the court room and seniors in the profession can easily recognize a newbie by the choice of words.

One day in the court room, a counsel once addressed the court emphasizing the words “Yea”, “sure”, “I want a date”, “I need a court order” with fists pointed at the court. It took the intervention of the other members of the Bar to caution him and help him apologize to the Judge.

A regular attendee or newbie of the Court room may observe the following words used often:
1. As the Court pleases - It connotes respect for the judge and that lawyers concede to the dictates of the court, whether convenient or not. It has also become a regular rhyme that follows every ruling, judgment and pronouncement of the court.

2. May we be guided by the court - This is often used when counsel is unsure of a step, procedure to take in respect of a matter, it is also used when counsel is not abreast of a case. He humbly asks the court to guide and direct him being full of wisdom.

3. Most grateful or most obliged Sir - This is used to express gratitude to the court. Counsel should speak kind words to the court and not vulgar or obscene languages.

4. Subject to the kind permission / Convenience of the Court - The counsel humbly requests for leave of the court to carry out a particular act be it moving a motion or application or asking for something.

5. I humbly apply for leave to... - This phrase prays court to grant permission to move a step further either by way of moving an application or granting a prayer.

6. Respectfully Sir - This may be used to announce counsel appearance in court, away from the regular "May it please this Honourable Court...". It may also be used at the beginning of counsel address to the court.

7. In view of or in light of my Learned Friend or Brother - This is used to make reference to a colleagues address, motion paper, application as the case be.
8. Before your Learned Brother - Counsels often use this to inform the court about his colleague on the bench.

9. The court - The Magistrate (in a magistrate court) or Judge(in a High Court) is referred to as "the court".

10. Sir- All judges and Magistrates are referred to as Sir's. It is the believe of the profession that there are no female genders.

11. "Order granted as prayed" - The court favours an application made or gives a favourable verdict in relation to a Counsel's case. It often said that the court is not a father Christmas, it can only give you what you have prayed or asked for guided by it's discretion.

12. Cost should be in the court -This is a subtle way of avoiding cost imposed on counsel. It simply means that the cost should be paid to the court instead of counsel requesting for it.

In the light of the above, Mark Twain said "The difference between the right word and the almost right word is the difference between lightning and a lightning bug." Thus, a lawyer should not just be called one: he is to be seen speaking and acting the law.