In 2019 Matt Collins KC revealed he has an unofficial policy about smiling. He told the Financial Review, over lunch:

“My view is the law is a serious business and coming out of court is a serious business. Barristers shouldn’t be smiling when they’re captured on camera.”

It was a policy he breached in its observance when his client Rebel Wilson cracked a joke which tickled his fancy.

For some high profile briefs, grinning happily is the preferred mode, even if the client appears distracted or concerned.

Not everyone is happy

Increasingly in high profile trials, we find beaming clients accompanied by anxious-looking lawyers.

Should clients look happy if their lawyers’ don’t?

Naturally, there is an irrestible temptation for lawyers with celebrated reputations to lighten up and smile whenever a camera hoves into view.

Arthur Moses, barrister for Ben Roberts-Smith, arrives at the Federal Court in Sydney,, in Sydney, Thursday, June 1, 2023. Mr Roberts-Smith is suing three former Fairfax newspapers over articles he says defamed him in suggesting he committed war crimes in Afghanistan between 2009 and 2012. (AAP Image/Dan Himbrechts) NO ARCHIVING

Moses on the steps of the court

Then, of course, there are those memorable money shots of unbridled joy.

In the bag

Ideally, it is safer if client and counsel both maintain permanent grim expressions.

The Glums

The possibilities are various, which suggests that professional organisations need to hammer out a consistent policy about whether it is appropriate to grin enthusiastically outside court.

To maintain the pretence of success while proceedings are underway, only to go down in a screaming heap, needs to be avoided.