Speaking in exclamation marks!

The last post advised against using exclamation marks in legal writing. A similar rule applies when speaking. If a transcript of what you say would be littered with exclamation marks then you are doing it wrong.

Modern courts are not the place for passionate oratory. This is particularly true of the employment tribunal, which is more down to earth than most. This does not mean that the tribunal should be addressed in a monotone, but you should be calm and considered, not excitable.

If your case isn’t really very exciting (and many aren’t) you will just make yourself look silly by overplaying it. If your case is dramatic (and many are) its drama will come out anyway and be all the more powerful for being understated.

This unruffled ideal is easier to achieve as a professional representative than as a litigant in person. If you are talking about upsetting events that have happened to you, there is a good chance you will become upset. This is nothing to worry about. Tribunals are used to people in all sorts of states; from mildly stressed through visibly disturbed to total hysterics. The point is to remain as calm as you can. Most importantly, don’t make a deliberate play for the tribunal’s sympathy. This will almost always backfire.

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