It is important to know thyself.
But sometimes it is just as useful to know others.
Simon Myerson Q.C., who writes at Pupillage and how to get it, has been talking about self-criticism.
Although he’s speaking mostly in the context of interviews for pupillage (the final stage of a barrister’s training), his advice is good and much more widely applicable.
It is a truth generally acknowledged that Her Majesties Revenue and Customs are evil. But nobody is totally evil. And even the Revenue has its good points.
One of these is that they provide some useful online help for calculating certain statutory payments.
When you turn up to a tribunal hearing you should bring with you all the relevant papers.
This sounds obvious, but in practice it is easy to make mistakes.
A common experience in litigation is nervousness about facing the other side in tribunal.
This can happen to almost anyone. Litigants in person are often intimidated if their opponent is a lawyer. A CAB adviser might be nervous of specialist counsel. And there are a few QCs everyone is a bit scared of.
When considering a case a tribunal will inevitably take some account of the way people act during the litigation. This is one reason that it’s best to behave in a sensible and reasonable manner.
It is particularly important not act in a way that directly undermines your case. If, for example, the respondent says that you were dismissed for acting in an aggressive and anger manner, try not to blow up during cross-examination. And, if you were dismissed for persistent lateness (which you deny), it is vital that you not turn up half an hour after the hearing was supposed to start.
We are all highly reliant on technology these days. Most litigation will involve three photocopiers; about three fax machines; at least half a dozen phones (including mobiles) and five computers.
No scientific survey has been conducted, so these numbers may be wrong, but the point stands. We use a lot of technology, for very good reasons.
Always bear in mind that this technology is prone to failure. Normally at the worst possible time.
The new Butterworths Employment Law Handbook is available. If you buy your copy by following the link on this page, Amazon will make a modest donation (about 5% of the purchase price) to the Free Representation Unit, at no extra cost to you.
It is common in litigation for both sides to stop listening to each other.
This is only natural. Litigation is civilised argument. And we all, when arguing, want to get our points in rather than listen to the other person.
Like many natural instincts, however, this is best suppressed during litigation.
Witness statement should not be put in the bundle of documents.
There is a theoretical justification for this, but the main reason is convenience.