Preliminary Sections
Author | Peter Lyons |
Pages | 1-12 |
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.
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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.
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’.
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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