Jokes

When in doubt, it is best not to make jokes during a tribunal hearing.

It is not that nobody does. You’ll very rarely hear an actual joke, but many Judges will indulge in a dry remark from time to time. And representatives will often do the same.

No matter how funny you are though, it will almost never have a positive impact on your case. And there is always the possibility that it will cause a problem – by offending someone, or suggesting that you aren’t taking the hearing seriously.

Litigants are also more at risk of this than representatives. Nobody expects a professional representative to approach every case with grim seriousness. But a tribunal might interpret a light remark by a claimant negatively – even if it was just the result of nerves or some other perfectly innocent impulse.

So, it is sensible to err on the side of caution. At least until you have had a chance to gauge the audience and to be sure you will not be misunderstood.

Jokes are even riskier in correspondence. From time to time you may feel the urge to poke fun at something the other side have said or a particularly ridiculous assertion they have made. Resist it. These things never look nearly as funny three months later when the tribunal reads them.

Finally, if your Judge does indulge himself in a humorous remark, it is strongly encouraged to crack a smile.