In My Opinion: How Casual is Too Casual? What Do "You Guys" Think?
We see it and hear it all the time. Conversation and communication have become much more casual in the world-wide social network. The same tendencies have been creeping into more formal business and legal settings for years. I thought that one of the last bastions of formality to cede to this trend would be the courts – especially the appellate courts. The briefs and arguments, although not necessarily stiff and humorless, are typically serious and respectful and pretty formal.
An oral argument in the Seventh Circuit typically begins with a “May it please the Court” or a “Good morning, your Honors.” The members of the panel are referred to throughout most arguments in one of a few ways: a) by name (e.g., Chief Judge Easterbrook, Judge Wood), b) by formal title (e.g., Chief Judge, Judge), or sometimes by informal title (e.g., sir, ma’am). They are rarely referred to as “you guys.” I was quite surprised to hear an attorney in a recent argument begin the substance of his remarks with “I’d like to talk to you guys . . . .” He did, in case you are wondering, start off with “May it please the Court.”
Any thoughts? Are we hanging on to remnants of formality that serve no purpose – or even get in the way of progress and justice? Does the formality of the courtroom merely reflect the formality of the law and the respect for the significant private and public rights that are decided every day? Is it a “generational” thing? The Gen Xers, and later the Gen Yers, will someday dominate the courts – will they maintain the decorum? Should they?
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select