As the mattress sales wrap up from Presidents' Day, I thought it might be valuable to pause and reflect on this little-known gift from the first president. Apparently, in his youth, Washington was assigned a penmanship exercise of copying the rules of civility as drafted by others before him, and perhaps he editorialized in that process. Everyone likes to think that a 16-year-old Washington wrote these rules, but I think it is more likely that they were associated with Jesuits hundreds of years earlier.
I've always felt a special connection to George Washington, having grown up on property that was once his farm, part of his Mount Vernon estate. In my downtime, I collect and write about historical items related to the history of the Alexandria area and George Washington. See https://ourhistorymuseum.org/blog/tag/george-washington.
In this lengthy article, I have rewritten these rules of civility to apply to courtroom presentation, persuasion, jury consulting, courtroom technology, and general decorum for the trial lawyer. My general disposition as a litigation consultant is to win at all costs, so many of these rules are also aspirational. Unless the original rule fits, I am presenting my courtroom-translated rule, followed by the original rule.
"George Washington's" 110 Trial Lawyer Rules of Civility
1. Every action done in the courtroom ought to be with some sign of respect to those who are present. That especially means not reading bullet points to your judge or juror. It wastes their time. See 5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants.
Original rule: Every action done in company ought to be with some sign of respect, to those that are present.
2. When in a courtroom, don't do anything embarrassing with technology or otherwise. See Today's Tech Failure at the George Zimmerman Trial Takes Center Stage and 12 Ways to Avoid a Trial Technology Superbowl-style Courtroom Blackout
Original rule: When in company, put not your hands to any part of the body, not usually discovered.
3. Show nothing to opposing counsel during opening statements that (unexpectedly) draws an objection. See 7 Times When Litigation Graphics Hurt You and 21 Secrets From an Opening Statement Guru.
Original rule: Show nothing to your friend that may affright him.
4. In the presence of others sing not to yourself with a humming noise, nor drum with your fingers or feet.
5. If you cough, sneeze, sigh, or yawn, do it not loud but privately; and speak not in your yawning, but put your handkerchief or hand before your face and turn aside.
6. Don't let jurors sleep during a mock or trial. See Tips for Handling Sleeping Mock Trial Mock Jurors.
Original rule: Sleep not when others speak, sit not when others stand, speak not when you should hold your peace,
walk not on when others stop.
7. Dress like a well-mannered lawyer, not like Joe Pesci in My Cousin Vinny. See 6 Ways to be a More Likable Trial Lawyer at Trial.
Original rule: Put not off your clothes in the presence of others, nor go out your chamber half-dressed.
8. Maintain courtroom decorum, don't lose your cool, and don't be distracted by the goings-on in the audience.
Original rule: At play and at fire it's good manners to give place to the last comer, and affect not to speak louder than ordinary.
9. Don't fall into traps set by your opponent, particularly those involving reptile tactics. See Repelling the Reptile Trial Strategy as Defense Counsel - Part 5 - 12 Ways to Kill the Reptile.
Original rule: Spit not in the fire, nor stoop low before it neither put your hands into the flames to warm them, nor set your feet upon the fire especially if there be meat before it.
10. Everything matters in the courtroom, from the color of your suit to the polish on your shoes to the tone of your voice. See The Similarities Between Jury Trials and Auditions on ‘The Voice’ – and a Key Difference and 6 Ways to be a More Likable Trial Lawyer at Trial.
Original rule: When you sit down, keep your feet firm and even, without putting one on the other or crossing them.
11. Shift not yourself in the sight of others nor gnaw your nails. See 8 Ways to Win Over a Jury Whether You Are a Jury Consultant or Litigator.
12. Shake not the head, feet, or legs, roll not the eyes, lift not one eyebrow higher than the other, wry not the mouth, and bedew no mans face with your spittle, by approaching too near him when you speak. See 7 Videos About Body Language Our Litigation Consultants Recommend.
13. Kill no vermin, fleas, lice, or ticks in the sight of others; if you see any filth or thick spittle, put your foot dexterously upon it; if it be upon the clothes of your companions, put it off privately, and if it be upon your own clothes return thanks to him who puts it off.
14. Never turn your back on the jury. See The 12 Worst PowerPoint Mistakes Litigators Make and 5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants.
Original rule: Turn not your back to others especially in speaking, jog not the table or desk on which another reads or writes, lean not upon any one.
15. Keep your nails clean and short, also your hands and teeth clean, yet without showing any great concern for them.
16. Do not puff up the cheeks, loll not out the tongue rub the hands, or beard, thrust out the lips, or bite them or keep the lips too open or too close.
17. Use flattery of adverse witnesses, experts, and lawyers carefully. It's risky, so practice it beforehand.
Original rule: Be no flatterer, neither play with any that delights not to be played withal.
18. As first chair, pay attention to your opponent in the courtroom lest the judge or jury conclude you are disrespectful.
Original rule: Read no letters, books, or papers in company but when there is a necessity for the doing of it you must ask leave: come not near the books or writings of another so as to read them unless desired or give your opinion of them unasked also look not nigh when another is writing a letter.
19. Keep your body language confident by sitting forward in your chair. See 10 Web Videos Our Jury Consultants Say All Litigators Must See.
Original rule: Let your countenance be pleasant but in serious matters somewhat grave.
20. The gestures of the body must be suited to the discourse you are upon. See 7 Videos About Body Language Our Litigation Consultants Recommend.
21. Never make fun of witnesses, lawyers, judges, or anyone in the courtroom.
Original rule: Reproach none for the infirmities of nature, nor delight to put them that have in mind thereof.
22. Show not yourself glad at the misfortune of another, though he were your enemy.
23. When you see a crime punished, you may be inwardly pleased but always show pity to the
suffering offender.
24. Do not laugh too loud or too much at any public spectacle.
25. Superfluous compliments and all affectation of ceremony are to be avoided, yet where due, they are not to be neglected.
26. Always be formal in a courtroom, rising before a judge walks in, saying, "May it please the court," and always ask for permission to approach. Your reverence for the judge demonstrates your professionalism, which reflects well on you in front of a jury. Let the judge show his or her familiarity with you when they choose. In fact, your formality may even encourage them to do so, especially when they want to transmit a message to your opponent that they are losing. (e.g., I once chose co-counsel for a piece of litigation because they were roommates with our judge at Harvard. The judge brought it up during summary judgment as a signal, I believe, to our opponents that they were about to lose).
Original rule: In pulling off your hat to persons of distinction, as noblemen, justices, churchmen & make a reverence, bowing more or less according to the custom of the better bred, and quality of the person. Amongst your equals, expect not always that they should begin with you first, but to pull off the hat when there is no need is affectation, in the manner of saluting and re-saluting in words keep to the most usual custom.
27. 'Tis ill manners to bid one more eminent than yourself be covered as well as not to do it to whom it's due likewise he that makes too much haste to put on his hat does not well, yet he ought to put it on at the first, or at most the second time of being asked; now what is herein spoken, of qualification behavior in saluting, ought also to be observed in taking of place, and sitting down for ceremonies without bounds is troublesome.
28. Again, be formal in the courtroom at all times. See 7 Videos About Body Language Our Litigation Consultants Recommend.
Original rule: If any one come to speak to you while you are sitting stand up though he be your inferior, and when you present seats let it be to every one according to his degree.
29. Be respectful of co-counsel no matter how ill-behaved they were during pre-trial. See 8 Ways to Win Over a Jury Whether You Are a Jury Consultant or Litigator.
Original rule: When you meet with one of greater quality than yourself, stop, and retire especially if it be at a door or any straight place to give way for him to pass.
30. In walking the highest place in most countries seems to be on the right hand therefore place yourself on the left of him whom you desire to honor: but if three walk together the middle place is the most honorable the wall is usually given to the most worthy if two walk together.
This rule brought to mind this humorous video of a group walking down the hallway in Law & Order. Please avoid watching if you are sensitive to strong language or references to drug use.
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31. Put your trial technician in the same hotel as first chair.
Original rule: If any one far surpasses others, either in age, estate, or merit yet would give place to a meaner than himself in his own lodging or elsewhere the one ought not to accept it, so he on the other part should not use much earnestness nor offer it above once or twice.
32. Put the entire trial team up at the same hotel as first chair.
Original rule: To one that is your equal, or not much inferior you are to give the chief place in your lodging and he to who 'is offered ought at the first to refuse it but at the second to accept though not without acknowledging his own unworthiness.
33. Be sure to call everyone by their proper title, whether Doctor, Madam Secretary, Professor, or Ambassador. When beginning your cross-examination, ask witnesses what they prefer to be called. This will likely buy you points with the jury one way or another.
Original rule: They that are in dignity or in office have in all places precedence but whilst they are young they ought to respect those that are their equals in birth or other qualities, though they have no public charge.
34. Don't interrupt the judge, ever.
Original rule: It is good manners to prefer them to whom we speak before ourselves especially if they be above us with whom in no sort we ought to begin.
35. Unless there is some strategic advantage for doing otherwise, keep your presentations quick and efficient, especially your opening statement. See 21 Secrets From an Opening Statement Guru.
Original rule: Let your discourse with men of business be short and comprehensive.
36. Respect every juror and witness unless there is some advantage for not doing so. See 8 Ways to Win Over a Jury Whether You Are a Jury Consultant or Litigator.
Original rule: Artificers & persons of low degree ought not to use many ceremonies to lords or others of high degree but respect and highly honor them, and those of high degree ought to treat them with affability & courtesy, without arrogance.
37. Don't be a close talker in the courtroom or anywhere.
Original rule: In speaking to men of quality do not lean nor look them full in the face, nor approach too near them at lest keep a full pace from them.
38. If you have a sick witness, offer them water, tea, or coffee. If someone is crying, offer them a tissue or a handkerchief. Do not ask open-ended questions in this situation.
Original rule: In visiting the sick, do not presently play the physician if you do not know therein.
39. In writing or speaking, give to every person his due title according to his degree & the custom of the place. See Rule 33.
40. Everything is not important. Emphasize those points that matter most. Practice, practice, and practice again until you sound like a movie or TV lawyer. See Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well.
Original rule: Strive not with your superiors in argument, but always submit your judgment to others with modesty.
41. Let experts be experts, but prepare them until they are likable and understandable. See The Top 14 Testimony Tips for Litigators and Expert Witnesses and How to Be a Great Expert Witness (Part 3) and How to Prepare Your Witness Using Jury Consultants and Witness Preparation: The Most Important Part.
Original rule: Undertake not to teach your equal in the art himself professes; it savors of arrogance.
42. Let thy ceremonies in courtesy be proper to the dignity of his place with whom thou converses for it is absurd to act the same with a clown and a prince.
43. Do not express joy before one sick or in pain for that contrary passion will aggravate his misery.
44. Practice and mock study as much as you can afford. See 10 Reasons You Should Have a Mock Trial and 10 Reasons You Shouldn't and 3 Critical Mock Trial "Clopening" Litigation Graphics Best Practices and 9 Tips for Successful Mock Trials.
Original rule: When a man does all he can though it succeeds not well blame not him that did it.
45. Don't dress down associates, paralegals, or trial technicians in front of a jury (or in front of the team). The 14 Most Preventable Trial Preparation Mistakes and 24 Mistakes That Make for a DeMONSTERative Evidence Nightmare and Problems with Mock Trials and How to Fix Them.
Original rule: Being to advise or reprehend anyone, consider whether it ought to be in public or in private; presently, or at some other time in what terms to do it and in reproving show no sign of choler but do it with all sweetness and mildness.
46. Take all admonitions thankfully in what time or place so ever given but afterwards not being culpable take a time & place convenient to let him know it that gave them.
47. Be careful; you never know who is listening. Walls are thin, lobbies and elevators are not private, and your break-out rooms are not well-insulated. I have so many stories. So many.
Original rule: Mock not nor jest at any thing of importance break no jest that are sharp biting and if you deliver
anything witty and pleasant, abstain from laughing thereat yourself.
48. Wherein you reprove another be unblameable yourself; for example is more prevalent than precepts. See The Top 5 Qualities of a Good Lawyer.
49. Don't overpromise in your opening. You only have one chance to maintain your credibility. Use Your Closing Argument to Tie Up Loose Ends From Trial and Opening.
Original rule: Use no reproachful language against any one neither curse nor revile.
50. Be not hasty to believe flying reports to the disparagement of any.
51. Wear not your clothes, foul, ripped or dusty but see they be brushed once every day at least and take
heed that you approach not to any uncleanness. See rule #7. See 6 Ways to be a More Likable Trial Lawyer at Trial.
52. In your apparel be modest and endeavor to accommodate nature, rather than to procure admiration
keep to the fashion of your equals such as are civil and orderly with respect to times and places. See rule #7. See 6 Ways to be a More Likable Trial Lawyer at Trial.
53. Run not in the streets, neither go too slowly nor with mouth open go not shaking your arms kick not the earth with your feet, go not upon the toes, nor in a dancing fashion.
54. Play not the peacock, looking everywhere about you, to see if you be well decked, if your shoes fit well if your stockings sit neatly, and clothes handsomely.
55. Never eat in a courtroom.
Original rule: Eat not in the streets, nor in the house, out of season.
56. You are the average of the 10 people you spend the most time with . . . pay attention to your average.
Original rule: Associate yourself with men of good quality if you esteem your own reputation; for 'is better to be alone than in bad company.
57. Always invite your client to your mock trial. You'll expose them to the weaknesses in the case, and you'll show them why they paid for you! 5 Ways to Win Your Trial by Losing Your Mock Trial.
Original rule: In walking up and down in a house, only with one in company if he be greater than yourself, at the first give him the right hand and stop not till he does and be not the first that turns, and when you do turn let it be with your face towards him, if he be a man of great quality, walk not with him cheek by jowl but somewhat behind him; but yet in such a manner that he may easily speak to you.
58. Use storytelling to persuade, but NEVER compromise your credibility.
Original rule: Let your conversation be without malice or envy, for 'is a sign of a tractable and commendable nature: and in all causes of passion admit reason to govern.
59. Don't lie to your jury. See the video immediately above.
Original rule: Never express anything unbecoming, nor act against the rules moral before your inferiors.
60. When teaching science to a jury, don't talk down to them; explain that you've always heard that you don't really know the material until you can explain it to a sixth grader. See Teaching Science to a Jury: A Trial Consulting Challenge.
Original rule: Be not immodest in urging your friends to discover a secret.
61. Simplify your message and repeat it. See Repeat a Simple Message Repeatedly to Maximize Courtroom Persuasion.
Original rule: Utter not base and frivolous things amongst grave and learned men nor very difficult questions or subjects, among the ignorant or things hard to be believed, stuff not your discourse with sentences amongst your betters nor equals.
62. Using questionable persuasion tactics is fair if used for good. See What Trial Lawyers Can Learn From Russian Facebook Ads.
Original rule: Speak not of doleful things in a time of mirth or at the table; speak not of melancholy things as death and wounds, and if others mention them, change if you can the discourse; tell not your dreams but to your intimate friend.
63. A man ought not to value himself of his achievements or rare qualities of wit, much less of his riches, virtue, or kindred. See 8 Ways to Win Over a Jury Whether You Are a Jury Consultant or Litigator.
64. Use fear to persuade when you need to, but be mindful of those who use it to influence you. See The Effectiveness of Using Fear to Influence Legal and Election Decision-Making.
Original rule: Break not a jest where none take pleasure in mirth; laugh not aloud, nor at all without occasion; deride no man's misfortune, though there seems to be some cause.
65. Watch out for litigation graphics trickery. See Trial Graphics Trickery: The Top 10 Ways Your Opponent Misleads.
Original rule: Speak not injurious words neither in jest nor earnest scoff at none although they give occasion.
66. Be not forward but friendly and courteous; the first to salute, hear and answer & be not pensive when it's a time to converse.
67. Detract not from others; neither be excessive in commanding.
68. Go not thither, where you know not, whether you shall be welcome or not. Give not advice without being asked & when desired do it briefly. See The Top 5 Qualities of a Good Lawyer.
69. Become a storytelling master and use storytelling liberally to persuade. See Litigation, Opening Statements, and Pixar's 22 Rules of Storytelling.
Original rule: If two contend together take not the part of either unconstrained; and be not obstinate in your own opinion, in things indifferent be of the major side.
70. Reprehend not the imperfections of others for that belongs to parent's masters and superiors.
71. Gaze not on the marks or blemishes of others and ask not how they came. What you may speak in secret to your friend deliver not before others.
72. Don't ever slip into legalese or talk in the vocabulary of your practice area UNLESS that language will show up in the jury instruction. See 5 Rules for How Simple a Trial Presentation Should Be and Repeat a Simple Message Repeatedly to Maximize Courtroom Persuasion.
Original rule: Speak not in an unknown tongue in company but in your own language and that as those of quality do and not as the vulgar; sublime matters treat seriously.
73. Practice until it hurts. See 3 Ways to Force Yourself to Practice Your Trial Presentation and Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well.
Original rule: Think before you speak, pronounce not imperfectly nor bring out your words too hastily but orderly & distinctly.
74. Don't object during your opponent's opening unless you think or know they will object during your opening. See Don’t Get Too Cute With Your Trial Graphics.
Original rule: When another speaks, be attentive yourself and disturb not the audience if any hesitate in his words help him not nor prompt him without desired, interrupt him not, nor answer him till his speech be ended.
75. Repeat a simple message repeatedly for maximum persuasiveness. See Repeat a Simple Message Repeatedly to Maximize Courtroom Persuasion.
Original rule: In the midst of discourse ask not of what one treateth but if you perceive any stop because of your coming you may well entreat him gently to proceed: if a person of quality comes in while your conversing it's handsome to repeat what was said before.
76. Let silence do the heavy lifting. See The Best Ways to Pause PowerPoint to Enhance Connection with Judges and Juries.
Original rule: While you are talking, point not with your finger at him of whom you neither discourse nor approach too near him to whom you talk especially to his face.
77. Treat with men at fit times about business & whisper not in the company of others.
78. Be careful with analogies; they often get flipped on you. See Lists of Analogies, Metaphors and Idioms for Lawyers.
Original rule: Make no comparisons and if any of the company be commended for any brave act of virtue, commend not another for the same.
79. Make your courtroom presentations more like a newscast. See 10 Things Litigators Can Learn From Newscasters and 5 Alternatives to Persuasion Killing Bullet Points From Our Litigation Consultants.
Original rule: Be not apt to relate news if you know not the truth thereof. In discoursing of things you have heard name not your author always a secret discover not.
80. How to choose a litigation consultant, whether a jury consultant, a litigation graphics consultant, or a trial technician/hotseater.
Original rule: Be not tedious in discourse or in reading unless you find the company pleased therewith.
81. Be not curious to know the affairs of others neither approach those that speak in private. See 21 Secrets for Using Litigation Consultants on a Tight Budget.
82. Undertake not what you cannot perform but be careful to keep your promise. See Use Your Closing Argument to Tie Up Loose Ends From Trial and Opening.
83. When you deliver a matter do it without passion & with discretion, however mean the person be you do it too.
84. When you present, present to win! See A Harvard Psychologist Writes About Presenting to Win.
Original rule: When your superiors talk to any body hearken not neither speak nor laugh.
85. Learn from the best. See 12+ Lessons From Top Trial Lawyers & Great Presenters.
Original rule: In company of these of higher quality than yourself speak not 'til you are asked a question then stand upright put of your hat & answer in few words.
86. Practice good trial techniques in bench trials as well. Use all of the same tools you would use for a jury, just adjust your delivery accordingly. See The Impact of Visuals on Bench Trials: How Trial Graphics Influence the Outcome and Visual Storytelling at Trial: The Judges’ Perspective and 6 Reasons to Conduct a Mock Bench Trial.
Original rule: In disputes, be not so desirous to overcome as not to give liberty to each one to deliver his opinion and submit to the judgment of the major part especially if they are judges of the dispute.
87. Don't fight with your spouse about directions. See Demonstrative Evidence: Using Maps as Courtroom Exhibits.
Original rule: Let thy carriage be such as becomes a man grave settled and attentive to that, which is spoken. Contradict not at every turn what others say.
88. Be persuasive in opening statements. See this series of articles 5 Ways to Maximize Persuasion During Opening Statements - Part 1.
Original rule: Be not tedious in discourse, make not many digressions, nor repeat often the same manner of discourse. 
89. Speak not evil of the absent for it is unjust.
90. Don't screw up your trial graphics at trial! See 24 Mistakes That Make For a DeMONSTERative Evidence Nightmare.
Original rule: Being set at meat, scratch not, neither spit, cough or blow your nose except when there's a necessity for it.
91. Learn how to win your case before trial. See Free Persuadius Webinar: Winning Your Case BEFORE Trial Using Persuasive Litigation Graphics.
Original rule: Make no show of taking great delight in your victuals, feed not with greediness; cut your bread with a knife, lean not on the table neither find fault with what you eat.
92. Take no salt or cut bread with your knife greasy.
93. Learn how to best intertwine your arguments with your expert's testimony. See How Can Litigators Meld Expert Evidence with Winning Arguments?
Original rule: Entertaining any one at the table, it is decent to present him with meat; undertake not to help others undesired by the master.
94. When preparing for trial, please don't make your own slides. You wouldn't cut your own hair, right? See Trial Graphics Dilemma: Why Can't I Make My Own Slides? (Says Lawyer).
Original rule: If you soak bread in the sauce let it be no more than what you put in your mouth at a time and blow not your broth at table but stay till cools of it self.
95. Here's the best way to pick your best jury consultant. See 12 Tips for Choosing a Jury Consultant.
Original rule: Put not your meat to your mouth with your knife in your hand, neither spit forth the stones of any fruit pie upon a dish, nor cast anything under the table.
96. It's unbecoming not to plan one's presentation persuasivily. See How to Structure Your Next Speech, Opening Statement or Presentation.
Original rule: It's unbecoming to stoop much to ones meat keep your fingers clean & when foul wipe them on a corner of your table napkin.
97. Don't start a mock trial without proper planning. See 9 Tips for Successful Mock Trials.
Original rule: Put not another bit into your mouth till the former is swallowed. Let not your morsels be too big for the jowls.
98. If you need to convey size or scale, do it with trial graphics. See 6 Ways to Convey Size and Scale to a Jury.
Original rule: Drink not nor talk with your mouth full; neither gaze about you while you are drinking.
99. Don't present in PowerPoint too hastily. See The 12 Worst PowerPoint Mistakes Litigators Make.
Original rule: Drink not too leisurely nor yet too hastily. Before and after drinking, wipe your lips; breathe not then or ever with too great a noise, for its uncivil.
100. Don't try to convey more than one concept per trial graphic. See One Demonstrative Exhibit, One Concept.
Original rule: Cleanse not your teeth with the table cloth napkin, fork, or knife; but if others do it, let it be done without a peep to them.
101. Rinse not your mouth in the presence of others.
102. Don't put too much text on that slide. See How Much Text on a PowerPoint Slide is Too Much?
Original rule: It is out of use to call upon the company often to neither eat; nor need you drink to others every time you drink.
103. You can learn from Hollywood screen lawyers? 16 Trial Presentation Tips You Can Learn from Hollywood.
Original rule: In the company of your betters, be not longer in eating than they are; lay not your arm but only your hand upon the table.
104. Handle the CEO carefully as a witness. See 5 Tips for Handling The CEO During Litigation.
Original rule: It belongs to the chiefest in company to unfold his napkin and fall to meat first, but he ought then to begin in time & to dispatch with dexterity that the slowest may have time allowed him.
105. Pay attention to your use of emotion. See The Role of Emotional Factors in Enhancing Visual Information in Legal Presentations.
Original rule: Be not angry at the table whatever happens & if you have reason to be so, show it not; put on a cheerful countenance especially if there be strangers, for good humor makes one dish of meat a feast.
106. Be well prepared to stand up in front of an audience or jury. See The Magic of a 30:1 Presentation Preparation Ratio.
Original rule: Set not yourself at the upper of the table; but if it were your due or that the master of the house will have it so, contend not, least you should trouble the company.
107. Storytelling persuades. Learn how to do it. See The 14 Most Preventable Trial Preparation Mistakes.
Original rule: If others talk at the table, be attentive but talk not with meat in your mouth.
108. When you speak of god or his attributes, let it be seriously & with reverence. Honor & obey your natural parents, although they are poor.
109. Let your recreations be manful, not sinful.
110. Labor to keep alive in your breast that little spark of celestial fire called conscience.
Writing this article has brought me great joy. It's allowed me to connect once again with our first president. I wish people still spoke this way. I wish these kinds of values still mattered in politics.
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