Introduction 4. Structure to Parliament House The Old Parliament Orderly exposition James VI Facts Law Fair outcome – – Sir Walter Scott Better to state a case than to argue it Robert Louis Stevenson All lawyers & judges need thinking time Duncan Forbes of Culloden Chronology is vital Picture is worth a 1000 words The Lamps of Commercial Procedure 5. Grip Judge Parry (1923): honesty, industry, wit, courage, eloquence, judgement, fellowship Usually a sea of papers and evidence Great advocate iDs issues Today: My suggestions Firm grip on them throughout No untoward citation of authority 1. Goal 6. Overview to win at least expense Advocate – to resolve the dispute justly Judge – Napoleon In-between lies Persuasion He asked 1 question of his generals Not whether they were brave or brilliant Instead Are they lucky? – 2. Laconic if it is easy to read, it was difficult Clarity Advocates to write Make their own luck Prepare Plan Persevere a sentence should have a subject, Brevity a verb, an object and then (.) Judges Same qualities Poetry & advocacy are the best words in Must show common sense the right order Set out arguments for parties Explain reasoning for decision 3. Adversarial Rationale 7. The Lord Macaulay to obtain the fairest Most Important Person in Court – decision two advocates should argue as It is not the judge unfairly as possible on each side then no It is the losing party. important points will escape notice Must leave court thinking justice done Collaboration But litigation needs collaboration It is a joint enterprise Full disclosure in commercial cases Element of in early stages inquisitorial
Introduction to Parliament House The Old Parliament James VI Sir Walter Scott Robert Louis Stevenson Duncan Forbes of Culloden The Lamps of Commercial Procedure Judge Parry (1923): honesty, industry, wit, courage, eloquence, judgement, fellowship Today: My suggestions 1. Goal Advocate – to win at least expense Judge – to resolve the dispute justly In-between lies Persuasion 2. Laconic Clarity if it is easy to read, it was difficult to write Brevity a sentence should have a subject, a verb, an object and then (.) Poetry & advocacy are the best words in the right order 3. Adversarial Rationale Lord Macaulay – to obtain the fairest decision two advocates should argue as unfairly as possible on each side then no important points will escape notice Collaboration But litigation needs collaboration It is a joint enterprise Full disclosure in commercial cases Element of inquisitorial in early stages 4. Structure Orderly exposition Facts – Law – Fair outcome Better to state a case than to argue it All lawyers & judges need thinking time Chronology is vital Picture is worth a 1000 words 5. Grip Usually a sea of papers and evidence Great advocate iDs issues Firm grip on them throughout No untoward citation of authority 6. Overview Napoleon He asked 1 question of his generals Not whether they were brave or brilliant Instead – Are they lucky? Advocates Make their own luck Prepare Plan Persevere Judges Same qualities Must show common sense Set out arguments for parties Explain reasoning for decision 7. The Most Important Person in Court It is not the judge It is the losing party. Must leave court thinking justice done