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[Music] g'day everyone and welcome to the 10th agony anth part of my collaboration with the charles darwin university law student society if you've watched the other agony ant videos you've probably picked up on the fact that i really don't think the universities do enough to prepare graduates for the fundamentals of practicing law and that's one of the reasons for this video series now once you get into practice sooner or later and hopefully sooner you're going to be asked to do your first appearance in court don't tell your mum and dad because they will want to come along they'll expect it to be something like the movies they'll be waiting for you to jump up and shout objection your honor and not only will they be disappointed but you'll have one extra thing to worry about so what do you have to do when you first appear in court the descriptions i'm going to give in this video are based on what are called duty lists or call lifers people sometimes also refer to them as cattle calls these are appearances where matters are mentioned which means the purpose is to see how the matter is progressing towards trial and to make any procedural orders that are necessary along the way so what i'm going to outline in this video doesn't really count for trials and so on this is really directed to the sort of appearances that you are likely to do first as a graduate solicitor okay step one is to get a copy of the court list you can usually find the court list online most courts put tomorrow's court list up online after the close of business today find your matter on the court list that will tell you which courtroom you're going to be in which judge or magistrate you're going to be in front of and it'll also give you an idea of how many other matters are going to be called at the same time as yours get to court nice and early barristers in particular seem to love showing up at the very last moment don't do that give yourself time try to find your opponent outside the courtroom if it's a criminal matter with a police prosecutor finding the prosecutor is easy otherwise feel free to ask people excuse me are you miss brown from marinac lawyers quite often the first practitioner that you see will say no but that's her over there go and shake hands feel free to let your opponent know this is your first time no matter how competitive or full-on your opponent might seem virtually every lawyer remembers their first time and unless they're a truly horrible specimen they will try to make your first appearance a little easier and while we're on this topic i guarantee that the judge will immediately know that this is your first appearance mainly because you'll look terrified judges are also people and they're also lawyers who remember their first time judges will remain impartial in terms of the matter itself but they will usually cut you a bit of slack when they can see that it's your first appearance so you've found your opponent what happens next really depends on the court you're appearing in and the preferences of the individual judge often in the federal circuit court the judges associate will come to the back of court and they'll call out all matters before judge jared at 9 30. immediately you'll see a queue forming one by one people go up to the associate it's easier but not mandatory if you go up with your opponent the associate will ask which matter you're in whether your opponent is here and what you're expecting to happen today so it's helpful to have that rehearsed in your head or written down on a piece of paper it's the matter of smith and blogs i'm from his blog's the mother and we're asking for the matter to be adjourned for a family report the associate might then say does the other party agree and you answer honestly the associate might tell you to go straight into the courtroom and they might tell you to wait outside court for your matter to be called it's all a question of how the judge decides to arrange their day typically judges will clear away the quick matters first the adjournments and anything where the parties agree so the orders are going to be by consent the other way typical in most other courts is that the associate calls all parties back into court for a call over a call over is like a little mini session the judge will call your name and you go up to the bar table and very briefly tell the judge what you hope to have happened that day so the judge will call smith and blogs and you say marinac your honor for the applicant mother we're asking for the matter to be adjourned for a family report once the judge has been through all the matters the judge will indicate the order that he or she is likely to take for the matters either way let's assume that your matter is now ready to come on if the judge is on the bench remember to bow on the way into the courtroom then the first thing you do after coming into court will be to fill in what's called an appearance slip or an appearance sheet this gives details of the matter you're in your name your firm's name and so on it's really self-explanatory then when your matter is called give the appearance slip to the bailer for the associate when it's time for your matter the associate will call your matter so they'll call matter brc 17 slash 2020 smith and blogs this is your big moment go up to the bar table usually to the left end of the bar table because more senior people go to your right and at present you're not really seeing it to anybody when you get to the bar table i cannot stress this enough do not put your bag on the bar table leave it on the ground put it on another chair do not ever put a bag on the bar table it's considered to be extremely rude and if your judge has an eye for the traditions of the court it will put them offside before you even open your mouth the judge will say i'll take appearances let your opponent go first so you can hear them do theirs as a last second bit of revision then when it's your turn appearances follow a very simple pattern i'll demonstrate then i'll explain mate please your honor my name is marinak m-a-r-i-n-a-c initials a-s solicitor with pacific maritime lawyers i appear for the plaintiff so you start with the traditional respectful greeting you either say may it please the court or may it please your honor not if it please but may it please forget everything you've seen on american tv you will hear some people give a less formal greeting they might say good morning your honor leave that for when you're much better at reading a courtroom and for when you know the individual judges at first stick to may it please the court or may it please your honor then you give your name if your name is complicated like mine spell it out if you're spelling it out for goodness sake do it slowly give the judge enough time to write it down at the end give your initials then state that you're a solicitor and say the name of your firm finally tell the judge who you're there representing okay listen again may please your honor my name is marinak i n m-a-r-i-n-a c initials a s solicitor with pacific maritime lawyers i appear for the plaintiff over time you will hear a few different variations but they all follow that basic pattern then you do your matter once you're done the judge will say thank you and you respond thank you your honor may or be excused sometimes the judge will just say you're excused but if they don't you should ask to be excused the judge will notice that you are being courteous and respecting the customs of the court judges remember these things finally even if the judge has excused you you must not leave the bar table unattended it is considered the height of rudeness to leave the judge facing an empty bar table stand there at the bar table while the lawyers for the next matter are coming forward the moment they reach the bar table you can leave bow on the way out the door and then go back to work and tell everyone how awesome you were honestly it seems like there's a lot to remember which is exactly why universities should give you more chances to practice but soon enough it becomes second nature i do hope you found this video helpful remember if there's something about the law that you want to know send in a question and i'll see you about giving you an answer see you soon [Music]