Advocacy: A Practical Guide is an invaluable reference for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective.
With a focus on civil advocacy and arbitration, the book provides guidance on a range of matters from undertaking case analysis and overcoming nerves to handling witnesses and making trial speeches. It does not claim to be prescriptive and say this is the only way. The book is intended to be easy to read and absorb and is designed to give the reader confidence and support.
For this second edition, the text has been fully updated by Chris Taylor, and a new chapter has been included on online advocacy.
Preface to the Second Edition
Foreword to the First Edition
About the Authors
1 PRESENTATION SKILLS
1 Substance
1.1 Knowledge of subject
1.2 Structure
1.3 Tell a story
1.4 Simple words
1.5 Picture words
1.6 Putting it into practice
2 Style
2.1 Beating nerves
2.2 Practice
2.3 Stance and gestures
2.4 Timing
2.5 Sounding convinced
2.6 Paying attention
2.7 The digital age
2.8 Sender message receiver
3 Presentation skills: checklist
3.1 Preparation
3.2 Delivery
2 THE QUALITIES OF A GOOD ADVOCATE
1 Integrity
2 A good voice
3 Presence
4 A quick adaptable mind
5 Knowledge of human nature
6 Courage
7 Well-mannered and in control of temper
8 Knowledge of the facts and the law
9 Norman Birketts checklist
3 PROFESSIONAL CONDUCT
1 The advocates duty
2 Rules of conduct
3 Your instructions
4 The advocates view
5 Bringing the profession into disrepute
6 Courtesy in court
7 Professional conduct: checklist
4 CASE ANALYSIS
1 The facts
2 Parties
3 Evidence
4 Conclusions
5 Case theory
6 Cross-examination
7 How to analyse a case
8 The blitz
9 The edit
9.1 Fact one: C is an antique dealer
9.2 Fact two: C was talked into it by D
9.3 Fact three: Worthington thinks the sculpture is a fake
9.4 Fact four: Sculpture is worth £3,000
9.5 Fact five: C offered £820,000
9.6 Last fact: D described it as Assyrian
10 Forming the case theory
11 The blitz and its uses
12 Why a case theory is important
13 Preparation and proof
14 Case analysis: checklist
5 INTERIM APPLICATIONS (MOTIONS)
1 Preparing the submission
1.1 Structure
1.2 Know all of the facts
1.3 Know the procedural history
1.4 Know where your documents are
1.5 Anticipate your opponents arguments
1.6 Find out about the judge
1.7 Research the law and the judges powers
1.8 Have submissions on costs ready: win or lose
2 Making the submission
2.1 Address the court appropriately
2.2 Announcing your appearance
2.3 Outline the application and the requested relief
2.4 Structure your submission
2.5 Make the judges job easier
2.6 Respond directly to questions
2.7 Be flexible and make concessions if appropriate
2.8 Be courteous and professional
2.9 Make a note
2.10 Read the judge
2.11 Using a skeleton
2.12 Reply if necessary
2.13 After the decision
2.14 Knowledge of the rules
3 Interim applications: checklist
3.1 Preparing the submission
3.2 Making the submission
3.3 After the decision
6 ONLINE ADVOCACY
1 Presenting online
2 Set-up
2.1 Remove distractions
2.2 Choose your location
2.3 Lighting
2.4 Your appearance on screen
2.5 Virtual backgrounds
2.6 Multiple screens
2.7 Test your set-up
3 Hearing preparation
3.1 Procedural considerations
3.2 Bundles
3.3 Witnesses
3.4 Practical considerations
4 At the hearing
4.1 Etiquette
4.2 Handling the camera
4.3 Gestures and body language
4.4 Voice control
4.5 Referring to notes
4.6 Use of visuals
5 Online advocacy: checklist
5.1 Set-up
5.2 Hearing preparation
5.3 At the hearing
7 WRITTEN ADVOCACY
1 Madman, architect, builder, judge
2 Constructing the sentences
2.1 Lord Denning
2.2 George Orwell
2.3 Bertrand Russell
3 Statements of case and points of claim
4 Witness statements
5 And finally
8 SKELETON ARGUMENTS
1 Skeleton arguments: checklist
1.1 Purpose
1.2 Technical content
1.3 Referring to authorities
1.4 Formal matters
1.5 Style
9 PREPARING WITNESSES
1 Encouraging false evidence
2 Coaching
2.1 England
2.2 Australia
2.3 United States
3 Expert witnesses
4 How judges see witnesses
5 Contemporary documents
6 Practical matters
10 EXAMINATION-IN-CHIEF OR DIRECT EXAMINATION
1 No leading questions
2 Start your questions with the words what, when, where, why,
how, who, please describe, tell the court
3 Simple words and short questions
4 Style
5 Arrange your facts
6 Sources of evidence
7 Controlling the witness
8 What happened next?
9 Know the answer
10 Avoid compound questions
11 Listen to the answer
12 Take the sting out of the cross-examination
13 Avoid gremlins
14 End strongly
11 CROSS-EXAMINATION
1 The purpose of cross-examination
2 Showing evidence to be unreliable
2.1 Mistaken, lazy or unprepared
2.2 Incompetent
2.3 Negligent
2.4 Lacking authority
2.5 Unqualified
2.6 Speculating or exaggerating
2.7 Biased or defensive
2.8 Hiding something
2.9 A combination of the above objectives
2.10 Previous behaviour in any of the above
3 Preparing to cross-examine
4 Taking facts from other witness statements
5 Is the cross-examination necessary?
6 Putting your case
7 Delivery
8 Know the answer or be sure it wont hurt you
9 Assert; dont ask
10 One fact per question
11 Dont argue with the witness
12 Making comments is wrong
13 Cutting off answers
14 Questions based on controversial assumptions
15 Questions on stereotypes
16 Vulnerable witnesses
17 Controlling the witness
18 Causing the problem
19 Getting the answer you want
20 More serious offences
21 Refreshing a witnesss memory in cross-examination
22 Impeachment
23 The talkative witness
24 When to ask open questions
25 The risks of open questions, arguments and conclusions
26 Dont be pompous
27 The Did you? question
28 Collateral questions
29 Cross-examination on documents
30 How the cross-examination fits into closing
31 How to finish
32 Cross-examination: checklist
32.1 Preparation
32.2 Delivery
32.3 Style
12 RE-EXAMINATION
1 Re-examination: checklist
13 EXPERT WITNESSES
1 Direct examination of the expert
1.1 Introduction and qualifications
1.2 Method
1.3 Opinion
2 Cross-examination
2.1 Preparation
2.2 Your opponents expert
2.3 The opposing experts method
2.4 The cross-examination itself
2.5 Case study: cross-examination of the claimants expert
2.6 Case study: cross-examination of the defendants expert
3 Re-examination
14 ADDRESSES
1 Striking the right note
2 The opening address
3 The closing address
15 SUBMISSIONS OF LAW
1 Preparation
1.1 Know the court and its powers
1.2 Know the facts
1.3 Know the law
1.4 Cite authorities properly
1.5 Know where your documents are
1.6 Anticipate your opponents arguments
1.7 Anticipate what the court might ask
2 Structure
3 Argument dilution
4 Know what order the court should make
5 Method
5.1 The psychology of a judge
5.2 Point-first advocacy
5.3 Say why you should win; not why the other side should lose
5.4 Pick only the best points to argue
5.5 Dont read
5.6 Keep to the point
6 Answering questions
6.1 Answer questions directly
6.2 How to answer
6.3 The purpose of the question
6.4 If you dont know the answer
7 Your style impact
8 Skilful advocates make it simple
9 Credibility
10 When to reply
11 Does oral advocacy make a difference?
12 Conclusion
13 Addresses and submissions of law: checklist
13.1 Nerves
13.2 Structure
13.3 Notes
13.4 Stance and gestures
13.5 Delivery
APPENDICES
1 Case Study: Cavendish v Downham
2 Further Reading
Acknowledgements
Index
Peter Lyons was an Australian barrister and solicitor. He delivered advocacy, litigation and negotiation skills courses to barristers, solicitors and patent attorneys, including programmes for many of the top City law firms in London. His company, CPD Training (UK) Limited (www.cpdtraining.net), was founded in 2005. Peter Lyons died in 2023.
Chris Taylor is an English solicitor and legal skills trainer. He qualified in 1999 and spent many years as a commercial litigator at Addleshaw Goddard and later Eversheds. In 2005 he assisted Peter Lyons to establish CPD Training (UK) Limited, which he continues to run today.
