Can Humor Be Funny in the Law Business?
By Jeff Nix

Remember in law school when we were told under no circumstances, ever use humor? The people who told us that, no offense, were teachers with a law degree who never saw the inside of a courtroom or the law practice, and what if you’re really a funny person? Like I am. Ha ha.

I have conducted an unofficial survey of judges, jurors, clients and other lawyers. I found that some of them appreciate humor, but it was an unofficial survey with a margin of error of +/-100 percent. Broken down by category, clients seem to like a little humor. It makes us lawyers seem more human. Other lawyers appreciate the heck out of humor, because... News Flash!...our chosen profession is not particularly funny, as in funny ha ha. So, if we can kid with each other, that is an island in an otherwise pretty unfunny sea. Which leaves humor in the courtroom, to do or not to do? My personal experience lends some validity to my recommendation of whether to use humor in the courtroom — and that is maybe.

Remember, judges used to be lawyers and before that, people.

If a lawyer can brighten a judges’ day, that can be a useful tool. Not to get you favorable treatment, but to get you listened to or read. It is a fine line between being clever and witty or being a chucklehead. If humor comes naturally, trot it out in courtroom or chambers. If it is not your natural style, put the quip down, step back, and no one will get hurt. Know your audience.

I got a call to leave union negotiations to come to court right away for an arraignment on a bench warrant. I was in slacks, shirt, sports coat, no tie. I was told to come anyway. I finished the arraignment, and the judge said quietly, “Next time you come to court, wear a tie.” Quick with a quip, I said, “Why? Who’s going to be here?” Ever have time literally stand still? While the color rose from his neck to his cheeks and up to his forehead. I silently asked my mouth what I had ever done to it to make it say such a thing. About two and a half lifetimes later, the judge said, “Just wear a tie,” and I dematerialized from the courtroom.

Another time, same situation, different judge. No tie, barely even “business casual.” This judge frowned mightily, and said he should find me in contempt, but he couldn’t because he had ordered me to come to court “as is.” I asked him if he would feel better finding me “in disgust.” He thought that was funny and to this day we are friends.

Humor might get you an otherwise improbable result. One day I had a preliminary hearing in front of a judge who was famous for not letting attorneys out of cases because they hadn’t been paid. I hadn’t been paid and wanted out. So, when he called the sounding docket, I said, “Your honor, I’d like to withdraw.” He began shaking his head and frowning, and I added, ”I have a conflict of interest.” As we all know, that’s serious stuff. He listened. I continued, “My client has had a conflict in paying me, so I’m not interested in representing him.” The judge paused, smiled and said, “That’s a good one. You’re out.”

One time in federal court, I needed a continuance to go on a planned trip. Federal courts stay on schedule, and being dead is about the only guaranteed reason for a continuance. So, I filed a “Motion to Beg.” I told the truth about wanting to take a scheduled trip and said that if I canceled the trip, I would be homeless. Our dog doesn’t have a house I could share. Voila! Continuance granted. And I heard later the judge mentioned my motion favorably at a seminar to support telling judges the real reason you want something done or not done.

So, I guess the message is be yourself. And, if you’re a funny person, like I am, let it show. What’s the worst that can happen! Ok, what’s the second worst thing that can happen…

Mr. Nix practices in Tulsa.