The Art of Advocacy and Civil Litigation: Top Tips for Perfecting Your Court Room Craft

Looking to improve your presentation or advocacy in Court? Introductions are essential and volume is vital says Stephanie Solomon…

 

Since 2014  I have had the privilege of seeing and hearing some of the best advocates in the country at the Royal Courts of Justice (London, UK) . As part of my role, I work with Law schools to organise monthly moots/mock trials, and whenever I speak to a LLB/GDL student, I always get asked the same question:

“What makes a good Advocate?”

My advice may vary depending on what type of student I am addressing, but here are five simple tips I have learnt from my days in Court:

1. Introductions are everything.

The first person to stand up in Court (Counsel for the Claimant or Counsel for the Prosecution) should always introduce himself or herself to the Court. There is nothing worse than not knowing who is addressing the Court. An introduction should be concise and convey each person’s identity clearly.

An example would be:

“May it please Your Honour, in this matter I appear on behalf of the Prosecution, with my learned friend Mr Bloggs, alongside Ms Bloggs…”

2. Divide your roles.

This is a tip for law students or anyone participating in mooting or a mock trial. During one of my moots, the Defence seem undecided on who would be doing the closing statement, and two students ended up addressing the Court!  This is not advisable. When working as part of a team, ensure that each member of the team has a role and there is no overlap. Divide the roles between the team members but do not tell the Court who is doing what – this should be clear from your delivery.

3. Your opponent is ALWAYS your ‘Learned Friend’. (See point one)

Advocacy is intellectual theatre. Remember the formalities involved and do not break from the obligatory phrases.

4. Always have a sit down line.

It can be a little difficult closing your speech after speaking for a long period of time. Whether it is opening submissions or closing submissions, always have a sit down line – something that follows on naturally from your statement but allows you to rest.

An example would be:

“Unless your honour has something I can assist with, those are my submissions.”

5. Be aware of your volume.

This cannot be emphasised enough. Regardless of which Court you are before, or even if you are doing a moot, the courtroom is going to be quite large. Depending on the Courtroom, you may have the luxury of microphones and audio equipment, but always project. You should also be aware of those listening to your submissions. You do not know whether the Judge or any of the parties have hearing impediments, so ensure that you are clear.

Whether you are already in practice, or training to become a Barrister/Solicitor Advocate, you should be constantly perfecting your courtroom craft. Of course there are numerous things you can do to be a better lawyer, but here are just five simple tips which if practiced, will improve your presentation in Court.

About the Author:

Stephanie Solomon is a Law Graduate from London, UK, and currently works for the Ministry of Justice. Her interests include youth studies, crime theories, law reform, and diversity within the law. She writes, teaches and presents legal issues online and in person.

Photo courtesy of www.barcouncil.org.uk.

NB: Thank you to the Legal Naija team for publishing this blog on their website! (http://legalnaija.blogspot.co.uk/2016/04/top-tips-for-perfecting-your-court-room.html?m=0&sthash.UQvRijaM.mjjo)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: