How to Talk to a Judge in Court: Answering Questions from the Bench
Most new lawyers prepare what they will say. Fewer prepare for what the judge will ask. Yet knowing how to talk to a judge in court, especially in the seconds after a question from the bench, often decides whether an argument stays clear or starts to come apart. In How to Become an Unbeatable Lawyer, Othman Al-Juboori sets the starting point in one line: "The judge's question is not an opponent. It is part of the court's management of the file."
The six habits below are drawn from the book's fifty rules and focus on one of the core courtroom skills: how to respond in court when the judge, not you, chooses the question. The examples are the book's own illustrative examples, written to explain a rule rather than to report a particular case. Check each habit against the procedure of the court where you appear.
1. Treat the question as information, not as an attack
Rule 47 uses a simple question to make the point: "Why did you delay bringing the claim?" The book notes that such a question may relate to several possibilities. Was there neglect? Bad faith? A legal defect? Something left unsaid? A nervous lawyer tries to guess the judge's hidden concern. The book's advice is different: identify what is actually being asked and connect your answer to the papers.
Useful openings, taken from the same rule, keep the answer anchored in the file: "I will clarify for the court…", "The legal reason is…", "The papers establish that…"
2. How to talk to a judge: answer the question that was asked
Rule 1 describes the "moment of hesitation". The judge asks something direct: "Do you have evidence for that?", "How do you explain this fact?", "What exactly are you asking for?" As the book puts it, "A direct question calls for a direct answer." When the answer wavers, the judge may conclude, even without intending to, that the request lacks sufficient grounds.
Rule 11 adds the other half of the discipline: treat a specific question as calling for a specific answer, unless the context calls for more. Extra sentences can raise points nobody had raised. The rule admits one honest exception: if staying quiet on a point would look like conceding it, say what is needed, choosing every word with care.
3. How to speak to a judge when you don't know the answer
Every lawyer eventually meets a question they cannot answer on the spot. Rule 47 is firm here: "Incorrect information is more dangerous than hesitation." If you do not know, do not invent. Say clearly that you need to consult the document or the provision, and ask for whatever the procedure permits if you need time.
The book calls this turning "a specific lack of readiness into a clear professional request". Its golden takeaway is worth memorising: "Do not close a question with just any answer. Close it with a correct answer or a proper professional request."
4. Take a moment before you reply
Rule 5 is titled "Silence Is an Invisible Weapon". One of the three moments it describes is the pause to receive a question. Instead of replying instantly with anything at all, pause for a few seconds while looking attentively at the judge or at your papers. The message is that the question matters and you are considering it.
The book is careful about the limits. There is "no magical duration for silence", and context decides whether a pause looks like thought or uncertainty. If the judge asks for clarification and you fall silent because you have no answer, the rule has failed. Confident silence comes from preparation. Keep your body still as well: the book advises against looking upwards or shaking your leg while you think.
5. Point the court to the provision instead of explaining law to it
Courtroom etiquette for lawyers is not only about standing up and using the right form of address. It is also about tone. Rule 30 contrasts two ways of presenting the same law. The instructive approach ("This is what you must do…", "The provision permits no other interpretation…") can turn a legal discussion into a question of tone and status, even when the substance is correct. The approach of recalling the law ("The settled judicial position is that…") makes the judge a participant in remembering the principle.
The rule's practical advice is to present the provision "as shared ground, not a personal discovery". It also warns against the opposite error: humility carried so far that it looks like hesitation.
6. Have your request ready before the judge asks for it
One of the most revealing questions from the bench is "What exactly are you requesting?" Rule 16 lists it as one of the moments that expose an undefined request: the lawyer answers with another explanation instead of a clear sentence. The fix starts before the hearing. Know your primary request, and any alternative request, well enough to state each in a sentence. The rule adds a subtle point: if the hearing changes direction, revise the request in your mind before you change your words. (Our guide to oral argument a judge can follow shows how to build the whole argument around that request.)
How to talk to a judge: a short checklist
- Before the hearing, write down the questions you expect from the bench, and prepare an answer for each sensitive point in the file (Rule 47).
- Answer the question asked, then stop.
- Pause long enough to understand the question. Don't pause to hide an empty file.
- If the answer is not in your head, admit it in exact terms and ask for a moment with the file.
- Recall the law respectfully; don't teach it.
- Keep your request ready in one sentence.
None of these habits is about pleasing the bench, and none is a trick for how to argue in court more forcefully. They are about clear courtroom communication skills: making it easy for the court to see the facts, the provision and what you want. If your first hearing is coming up, pair this with our preparation checklist for your first case in court, and see all the rules grouped by theme on the 50 courtroom rules page.