Facilitating Justice: How Lawyers Can Help Judges

Lawyers play a necessary role in supporting the courts’ mandate to uphold the rule of law and ensure the fair and timely resolution of disputes. While judges and court staff manage proceedings, lawyers are essential partners in helping the system function smoothly. Judges are tasked with the significant responsibility of assessing evidence, applying the law, and issuing binding decisions that resolve the issues before them. With the voluminous body of cases and rapidly advancing technology, judges lean on lawyers for much more than zealous advocacy on behalf of clients. By adopting strategies that promote clarity, efficiency, and professionalism, lawyers can contribute meaningfully to the administration of justice.

This article outlines practical ways lawyers can help courts fulfill their responsibilities to serve the administration of justice.

Be Prepared

Preparation is the foundation of effective advocacy. Lawyers who know the facts, understand the law, and anticipate procedural or evidentiary issues help courts focus on the merits of a case. This means that you take the time to organize your materials well, make clear submissions, and properly index your exhibits. This reduces confusion and saves time during court.

Preparation also means being ready to respond to judicial questions, having case law at hand, and anticipating counterarguments. In the world of artificial intelligence, this also inherently means you have reviewed the cases you intend to reference. While not all jurisdictions have provided directives on the use and disclosure of generative AI tools, in 2023, the Federal Court issued a Notice on the Use of Artificial Intelligence in Court Proceedings. The Notice requires that a declaration be included when AI has been used.

As recent authorities have shown, nothing erodes the court’s trust faster than presenting hallucinated cases.  Judges appreciate and build trust with counsel who can assist the court in understanding complex legal issues without unnecessary delay.

In addition to being prepared themselves, lawyers should also ensure that their clients are adequately prepared, particularly when they are expected to testify or participate in hearings. As noted by the Canadian Judicial Counsel, courts expect lawyers to guide their clients through the judicial system. Take the time to discuss the case with them before court day. For some clients, it may be their first time in court, or they may simply have nerves. Adequately explaining the process, describing what to expect, and even practicing questions that they may be asked can help alleviate uncertainty and help prepare clients for court.

Respect Court Time

It is no secret that courts across the country are bogged down with more applications and hearings than the available court time can accommodate. This leads to delay, which the Advocates Society in 2023 highlighted when it called on the federal, provincial and territorial governments to dedicate additional resources to the court system. The Advocates Society highlights several areas of potential exploration to ease the burden on the court system, one of which encourages lawyers to continue supporting the efficient use of court resources. While it is critical that lawyers use their knowledge and experience to move matters through the court system proactively, it is equally critical that they avoid straining the system with unnecessary applications. In doing so, lawyers are encouraged to pause and consider the timeliness and reasonableness of their applications and positions.

During court proceedings, courts operate under significant time constraints. Lawyers can support judicial proceedings by arriving on time, avoiding unnecessary adjournments, streamlining arguments, utilizing technology where appropriate, and providing courts with adequate time estimates for hearings. Respecting court time demonstrates not only professionalism but also courtesy to all participants.

Communicate Clearly and Professionally

Judges rely on lawyers to present cases in a way that is legally sound and easy to follow. Using plain language, maintaining civility, and responding directly to questions help judges make informed decisions. Clear communication also fosters fairness and reduces misunderstandings.

Professionalism in tone and conduct is not only essential—it is an ethical requirement1. Lawyers should avoid personal attacks, sarcasm, or inflammatory language. The courtroom is not a battleground—it is a forum for reasoned and respectful discourse. Lawyers should also be attentive to non-verbal communication, such as body language and courtroom etiquette, which can influence perceptions of credibility and respect. To that end, counsel should also remind clients of expected courtroom behaviour to maintain professionalism and avoid hurting their case unnecessarily.

Follow Procedural Rules

Procedural compliance is essential for orderly court operations. Lawyers should be familiar with local rules, filing deadlines, and evidentiary standards. Timely and properly formatted submissions, along with proper service of documents, help avoid delays and disputes.

Failure to comply with procedural requirements can result in adjournments, wasted resources, and adverse rulings. Lawyers should also explain procedural steps to clients to ensure informed participation.

Maintain Ethical Standards

Courts depend on lawyers to uphold the integrity of the legal system. Acting honestly, being candid, protecting confidentiality, and avoiding conflicts of interest are core ethical obligations2.  Lawyers who act ethically reinforce public trust and the legitimacy of judicial outcomes.

Conclusion

Lawyers are more than advocates—they are officers of the court. By being prepared, respectful, clear and ethical, lawyers help courts fulfill their responsibilities and uphold the rule of law. These practical tips not only improve courtroom effectiveness but also strengthen the justice system as a whole.

In an era of increasing caseloads, limited resources and growing public scrutiny, lawyers have a unique opportunity to support the courts in delivering justice that is timely, fair, and accessible. The legal profession’s commitment to these principles is essential to maintaining public confidence in the rule of law.

1. Code of Professional Conduct for British Columbia, Rule 2.1-2
2. Code of Professional Conduct for British Columbia, Rules 3.2, 3.3 and 3.4