Addresses
| Author | Peter Lyons |
| Pages | 193-200 |
I have called this chapter ‘Addresses’ to cover a number of terms used in different jurisdictions to describe what advocates say about the evidence. So I include in the term ‘addresses’, speeches and statements.
There are different opinions from country to country about the importance of addresses. Some jurisdictions dispense with them altogether; some allow a closing address but not an opening address; and some have different rules depending upon whether it is a civil or criminal trial.
I want to draw some common threads from all the learning in the area to offer some practical advice.
You may be appearing in a hearing where, say, the arbitration panel does not want you to talk about the evidence but merely wants to know how the law applies to the facts. I will deal with Submissions of Law in the next chapter.
1 Striking the right note
In a list of distinguished advocates, no one but her staff would put Her Majesty Queen Elizabeth II in the top drawer.
But her performance over Prince Charles succeeding as Head of the
Commonwealth was outstanding.
For months prior to the Commonwealth Heads of Government Meeting in April 2018 there were stories in the media to the effect that Prince Charles was not the right person to take over. In fact, it seemed his popularity amongst the hard-bitten politicians who were attending the meeting was inversely proportionate to that of his mother.
Speaking to the leaders in the grand setting of the Buckingham Palace Ballroom, the Queen said:
‘It is my sincere wish that the Commonwealth will continue to offer stability and continuity for future generations and will decide that one day the Prince of Wales should carry on the important work started by my father in 1949.’
194 Advocacy: A Practical Guide
It is not a command. It is not a plea. There is no suggestion of anything so demeaning as begging.
On the other hand, there is nothing about Prince Charles’s qualities or suitability for the job.
In addition, the Queen, whose reign had by then lasted 66 years, makes no reference to herself. The mention of King George VI and his three years in the role is enough to highlight what she has done.
Her unmentioned theme is tradition.
Accompanied by all the pomp and circumstance, it was impossible for the Heads of Government to refuse her. At Windsor Castle a couple of days later, her sincere wish was granted.
2 The opening address
If you are required to deliver an opening speech, it is important that you make the most of the opportunity.
An American trial lawyer I know says that the opening is the most crucial part of the trial. He says that first impressions linger and if you can capture the jury in your opening statement you are as good as home.
That is with a jury. Some judges say they are no different from juries but at the very least a judge will be greatly assisted by a well-made opening address.
First of all, check to see if there are any special rules in the jurisdiction you are appearing in.
If it is a criminal trial, and you appear for the prosecutor, you will be under a special obligation to be fair.
Some years ago, a motorist was accused of causing the Selby train disaster in England by dozing off at the wheel. Ten people died and 82 suffered serious injuries. He was exhausted after a five-hour night-time chat with a woman he met through an internet dating agency.
The prosecutor James Goss QC was not emotional; nor did he plead for a conviction. He said:
‘He knew at the time that he was deprived of sleep. We say he must have been aware of his sleepiness and fought it for some time...
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