Humor in the Courtroom: Is There a Place?

Abstract

Is there a place for humor in the courtroom? This Practice Tips article will examine this question and discuss how appropriate, low-key humor can be of benefit to particular parties in particular cases.

Some lawyers may say that the trial of a civil or criminal case is serious business. They may say that there is absolutely no place for levity in such somber proceedings. I disagree. Appropriate humor during otherwise boring and especially time-consuming protracted litigation can play an important role in your ability to persuade the jury (a) that you are a human being, (b), provide a counter-balancing context in the appropriate type of case in which everyone can share a laugh, (c) break the tension or the ice at timely moments, and (d) be useful for other tactical reasons.

Keywords: humor, levity, civil trials, criminal trials, trial practice, litigation, attorneys, lawyers, judges, juries

JEL Classification: K19, K29, K39, K49