Comments on: Quiet in court: rethinking legal confidence

By: Rodney Coleman

Mon, 16 Jun 2025 08:44:15 +0000

What an Advocate does is this
Put your clients case as best you can

Do not get involved with a control freak
If you do leave

The art is not what to say
It is what not to say

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By: Fonzie

Sat, 07 Jun 2025 19:51:24 +0000

Good advocates help guide the court to findings of truth. They almost certainly were not there at the relevant time so take clients instructions on the client’s case and version of events. Always bear in mind that it is the client’s case and not yours and that the court is entitled to complete honesty and probity from its officers.

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By: Al

Wed, 04 Jun 2025 11:17:35 +0000

I do a bit of advocacy training. Now obviously we don’t try to create clones or suggest theres only one approach to advocacy; the best style is the one that works for you. Having said that, I do use “It’s cross examination, not examining crossly” a lot.

I’m also a big fan of the idea of advocates as story tellers. Fundamentally we are trying to sell a narrative. So we have all the same issues any story teller has, the story has to be compelling, easy to follow, and not require too much suspension of disbelief. Quiet competence can play a big part in that. There’s the idea that ‘the truly powerful never have to raise their voice.’.

A key element on advocacy is control. The advocate must control the narrative, which means controlling the evidence, which means controlling the witnesses. That can often be best achieved by a gentle softly softly approach.

Similarly when presenting submissions to a judge or jury. Advocates have a tendency to see cases as battles to be won, but or judges/juries, case are problems to be solved. So your task is to help the tribunal solve the problem. You do that by making their job as easy as possible. Set the scene, identity the parties, say what the relevant issues are (and also what issues, despite being in dispute, aren’t relevant to the decision to be made), Set out any relevant legal tests, then identity what evidence assists with that.

Remember, submissions are a dialogue, not a lecture, you are seeking to persuade, not to harangue. And it’s very rarely that merely being louder makes your points any more cogent.

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By: Quiet counsel

Wed, 04 Jun 2025 10:48:04 +0000

I shall always despise the stereotype that quiet people must strive to become louder to succeed. The truth is, excellent lawyers come in all temperaments. Insight, precision, and judgement are not the preserve of extroverts. Introversion necessitates no redemption arc. Mooting may build skills, but it is not a rite of passage. Public speaking experience does not make an advocate. The “loud lawyer myth” dissolves not through conformity, but through unapologetic competence. You don’t need to become anything. You just need to be good — and that includes being quietly brilliant from day one.

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By: Bike Brief

Mon, 02 Jun 2025 18:53:30 +0000

For court room lawyering you need a fast mind, the ability to process changing facts quickly and a decent level of tribunal reading. For preparation you need a detailed mind. When the two are combined you have a top level advocate. I manage the first, the second does not come so easily to me. Sajanthiya, who seems to be stronger in the second skill set would do well to be mentored by someone whose skill set and attributes are the ying to her yang. But as a court room hack of 30 odd years, mostly in the KBD, preparation beats inspiration 99 times out of 100. Good luck to you. A good Russell group uni is a good start and I would respectfully suggest your style is better suited to the solicitors’ side of the profession and thereafter a solicitor-advocate if you want to get onto your hind legs. You can learn a lot, just sat behind counsel. You can learn both good advocacy and what doesn’t work, and if, as a young solicitor or trainee, you are exposed to different styles of advocacy, you can learn what works for you. Barristers tend to ape their first six pupil masters, rather than lots of different styles. I think I learned more about advocacy from sitting alongside judges than I ever did on my hind legs. Good luck Sajanthiya. The law is a tough gig.

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By: Sally Terris

Mon, 02 Jun 2025 16:29:53 +0000