During the course of our submission, the judge may interrupt us to pose a question. It may not be something we are addressing at that precise moment but at a later part of our submission.
Should we tell the judge that we will address their question later because or should we address the judge immediately?
This is high up on the list of frequently asked questions during my advocacy tutorials. This question arises in relation to an application or appeal hearing, but it has a general application.
My general answer is: Answer the judge immediately.
First, a question asked by a judge is a question that is on her mind. It is going to stir in her mind until it is answered. Stop the stirring by answering it.
Secondly, a question immediately answered demonstrates competency, preparedeness and readiness. It also demonstrates confidence and assuredness about the case and the arguments.
Third, the judge can better focus on your submission once you have addressed their questions. Answer a judge. Check that they are satifised with your response. Do they require further clarity? If they don’t, return to the flow of your submission.
There are occasions where we would like not to answer the judge immediately. We may need to draw their attention to something else before before answering their question. Or answering it would disrupt or do a disservice to a larger argument. Or whatever the reason.
Just make sure ‘whatever the reason’, the reason is a good one and not simply one of convenience on our part. If we are going to decline to answer a question the judge posed, we should immediately follow up our response with a reason and politeness.
“May I answer that later, My Lord? I am at the tail of this argument which I am about to conclude.” “I think that best answered later, My Lady, because it relates closely to a submission I intend to make after this.”
I would advise avoiding this as much as possible, especially if it happens several times throughout a hearing. If in doubt, answer the question. Failing to do so repeatedly will definitely give the impression of a lack of preparedness on our part.
And that is something we do not want the judge to ask questions about.
