Preliminary Sections

AuthorPeter Lyons
Pages1-12
ADVOCACY A Practical Guide ADVOCACY A Practical Guide PETER LYONS

Wildy, Simmonds & Hill Publishing

© Peter Lyons, 2019

ISBN: 9780854902668

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The right of Peter Lyons to be identified as the author of this Work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the author or the publisher.

First published in 2019 by

Wildy, Simmonds & Hill Publishing

Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com

Typeset by Heather Jones, North Petherton, Somerset.

Printed in Great Britain by Ashford Colour Press, Unit 600, Fareham Reach, Fareham Road, Gosport, Hampshire PO13 0FW.

Foreword

I keep close at hand a cathartic collection of examples of appalling advocacy. After a bad day in court, it is reassuring to be reminded that it could have been so much worse.

When licking my professional wounds, I like to recall that in the United States Supreme Court in 1972, the assistant prosecutor from Louisville, Kentucky was asked in oral argument by Justice Douglas why his argument was so perfunctory. ‘Your Honor must realise’, the advocate replied, ‘I am a very busy man’.1In 1981, a court in Tennessee told an advocate during his submissions, ‘we shall have no more of this’, and issued an injunction to restrain him from bringing any similar cases in the future.2In 2005, at Harrow Crown Court, Judge Sanders asked the unfortunate counsel for the Crown in a criminal case how long he had been a barrister. When counsel replied ‘long enough’, the judge responded, ‘but everything you say is utter rubbish’.3

Much more difficult is to find a guide to good advocacy. That is surprising since advocacy – communication with others to persuade them – is vital, not just to the effective presentation of legal argument, but to all aspects of our lives. ‘Can I have an ice cream?’. ‘I wish to apply for the job vacancy’. ‘Will you marry me?’.

The essential principles of court and tribunal advocacy are, when analysed by a master such as Peter Lyons, surprisingly simple: brevity, clarity, courtesy, integrity and a focus on offering a solution to the problem posed.

Every advocate should bear in mind the advice (quoted by Professor Lyons) from Justice John I...

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