Index
| Author | Peter Lyons |
| Pages | 257-268 |
References are to page numbers.
Address see also Submission of law checklist
delivery 220–1 mannerisms 221
nerves, overcoming 218–19 notes 219
stance and gestures 219–20 structure 219
closing
analogy, use of 199 case theory, use of 199 conviction, speaking with
199
generally 199–200 passionate but not theatrical
199
practical matters 199 recommended nature of
199
things not to do or say 199–
200
time for writing 199 generally 193 meaning 193 opening
Abraham Lincoln’s approach to 195
argument, whether containing 195
case theory, use of 195, 196 criminal trial, duty to be fair
194–5
examples 197–8
first impressions, importance of 194
generally 194–8
lengthy but compelling, example of 195–6
moderation, advantages of
196
presentation skills, use of
197
purpose 195
simplicity 196
special rules, ascertaining existence of 194 successful 195
suggested structure 198 theme, use of 197 weakness in your case, dealing with 196 striking the right note 193–4 Advocacy
adaptability, need for 218 advocates, etc from the past, learning from 2
case study, use of 3 generally 1–3, 218
learning from others 218 mistakes, learning from 2 methods of learning 2–3 ongoing learning process 218 oral, whether making a difference 217 persuasion, as means to 47 story-telling nature of 99, 216 techniques, need to acquire 3 winning, importance of 47 Advocate’s view
generally 40–3
opinions, prohibition on giving
41
258 Advocacy: A Practical Guide
Advocate’s view (continued) personal view, prohibition on giving 40
submissions, making 40
Candour
importance 45 submission of law, during
206–7
Case analysis
case theory
blitz approach 57 cross-examination, as aid to preparation of 51 forming 56–7
generally 51
importance of 57–8
need for 47
presentation of facts 56 uses 57
checklist 60
conclusions
arrangement of facts to allow for 50
breaking down into facts 50 effective advocacy, inimical to 50
person to draw 50 confining your points, importance of 59 evidence
facts, need to separate from
49
independent, value of 58 material facts, distinguished from 48
means by which one proves facts, as 48 persuasive, need for 58 questions to ask 49 source of, for fact or way to prove fact 49
facts
allegation, as 47
cause of action as factual situation 48
conclusions, need to separate from 50
everyday meaning of 47 evidence see evidence above legal links to overcome 47–
8
material, whether 48 meaning for legal purposes
47
need to prove 47 preparation and proof 58–9 questions to ask 49 relevant, whether 48 testing 49
ways of proving 49 generally 47
how to carry out
blitz approach 52–3, 57 editing 53–4
facts, analysis of 54–5 step-by-step approach 51–2 ‘no stone unturned’ approach
59
parties, identifying 48 preparation and proof 58–9 purpose 47
Case study
Robert Cavendish & Co Ltd v
Downham Gallery Ltd 224– 47
use of 3
Checklists
address
delivery 220–1 mannerisms 221
nerves, overcoming 218–19 notes 219
stance and gestures 219–20 structure 219
advocate’s qualities 33
case analysis 60 cross-examination
delivery 167–8 preparation 167
style 168
interlocutory applications, submissions in
after the decision 71 making submission 71 preparing submission 70–1 Norman Birkett’s 33 presentational skills
delivery 20–1 preparation 19–20 professional conduct 46 re-examination 171 skeleton arguments authorities, reference to 87 formal matters 87 purpose 86
style 87
technical content 86 submission of law see address above
Courage
case examples 27–31 emotional intelligence and listening, need for 27 judgement, and 27
Lord Erskine’s defence of advocate’s role 27 offensiveness not part of generally 27
insulting the judge 28, 29 Lord Birkenhead, case examples 28 Courtesy
generally 45–6 interlocutory application, during submission 68 witness, towards 46 Cross-examination
abuse of witness during 39 advocate’s advantages over witness 139
answers
cutting off 141–2 hurting case, need to avoid
135–6
knowledge of, in advance, need for 135–6 questions of fact, to 140 thorough preparation to avoid surprise 135 treading carefully 135 unresponsive witness, handling 146–7 witness statements, value of
135, 136
arguing with witness, drawbacks of 139–41 assertiveness, need for 136–7 awareness of witness and decision-maker, need for 134
brevity, value of 128–9, 134 case theory as aid to preparation of 51, 57–8 checklist
delivery 167–8 preparation 167
style 168
child 143
client lying during 38
closed question
examples of 119, 125–7,
134
use of 125
witness’s words, using 126 closing speech, linked to 115,
164
collateral question 162–3 comments, need to avoid 141 conclusion 164–6
control
as means of 113, 135, 143–
4
losing
certain words, through use of 145
260 Advocacy: A Practical Guide
Cross-examination (continued) control (continued)
losing (continued) compound question, through use of 144, 145
lengthy question, due to
145
misheard questions 146 open question, through use of 144
questions causing the problem 144–5 serious offences, in case of
147–9
tag-on, use of 145 uncertainty, due to 145 ways to rectify 146–7 wrong facts...
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