1 Flashcards
key starting Qs to consider in prep?
(advocacy)
- which court am I in?
- what type of hearing is it?
- which party do I represent?
- issues instructed to deal with?
- issues instructed to ignore?
- ethical/professional conduct issues?
- what is the story?
How to address
District Judge
Mags
Judge
Chairperson mags - Sir or Madam as appropriate
good way of prepping advocacy submissions to ensure link facts to law
bullet point the facts next to each legal point you intend to make In prep)
e.g. some other compelling reason for trial
- 1 sister needs to give evi
- note of convo not available but might turn up
suggested approach for analysis
- the law
- the facts
- identify any gaps and inconsistencies in the facts
- link the facts to the law
- identify any strengths and weaknesses
- structure submissions
expressions to make advocacy sound more persuasive / turn facts into submissions
‘therefore’, ‘in the circumstances’, ‘for these reasons’, ‘… amount to reasons why …’.
eg
Disclosure has not yet been given and there are several disputed issues upon which evidence from lay witnesses will be required
( fact ) and so there is a compelling reason why the case should be disposed of at trial ( submission )
sounds obvs but advocacy structure
- intro (what going to say in what order)
- main body
- turning to diff grounds (eg I shall now turn second ground) - summarise and tie to point in order seeking
(should be clear throughout how point u make fits into overall structure)
could do:
* grounds for the application/objection
* in relation to each ground:
o relevant issues and substantive law
o relevant facts
* summarise (and move into next ground).
quote to signal moving on to next point in application
“Judge, I shall now turn to the second ground of the application”
Advocacy plan (broadly)
(make during 10 mins then can refer to in advocacy)
main points need to cover as headings and bullet points beneath each - can use as checklist as go through
can use abbreviated references to relevant docs.
e.g. set aside default judgment
Allegation of delay in making application
* Notice of DJ not received until sat (WS para 3)
* Consulted sol on mon- next working day (WS para 4)
* Appli to set aside made thurs (WS para 5)
respond “on the papers” meaning
respond to Cl/D’s case as is set out in their witness statement
(so is where other side aren’t there in person so respond to what received in the docs)
quote for directing in bundle
“may I take you to the bundle, and to paragraph 4 of the Defendant’s witness statement on page 7.”
Terms and words to describe opponent’s case
How to introduce opposing PoV
Claims, asserts, contends
‘It is claimant’s case that’
‘Defendant disputes that’
what should u say instead of “my client tells me”
in civil vs criminal
Civil
“I am instructed that”
“my instructions are”
Criminal
“I have discussed this with my client and he wants you to know”
“My client wishes me to inform you”
what to say instead of “in my opinion” or “I think”
I submit
I would seek to persuade you
I would urge you
High Court judge mode of address
My Lord or My Lady
Circuit Judge correct mode of address
Your Honour
(very American)
Recorder mode of address
Your Honour
(think of recorders are played to honour)
District Judge of High Court or County Court mode of address
Judge
Master (high court) mode of address
Judge
Magistrates (lay and stipendiary) mode of address
Your Worshop or Sir or Madam
Quote to introduce self and opponent
Judge, I am Miss McK and I appear on behalf of the defendant.
My friend Mr Baker appears on behalf of the defendant.
quote for how may introduce criminal application for community sentence
Clearly, Sir, this is a serious matter, and you may be minded to impose an immediate custodial sentence on Mr Davies. I hope to persuade you that a more suitable method of disposing of this case would be for you to impose a community sentence as recommended in the report.
what to do if stuck when judge interrupts to ask q
If you do not have instructions on a particular point you must say so.
If you cannot immediately think of an answer but come up with one as you are continuing with your submissions, you can return to the point at the end: ‘Judge, to revert to your question about … (and then deal with the point)’.
Quote where suggesting judge makes an order subject to conditions
(and when to offer)
“Judge, if you are against me on that then I invite you to make a conditional order requiring my client to make a payment into court.”
- offer where client’s position is not strong.
- remember need client’s instructions
When will costs be assessed for DR?
What must u do?
Mainly if interim application. Here will be assessed at end. Be prepared to deal with unless expressly told not to.
Answer the amount and who pays.
how to address mags in speaking vs in writing
- Your Worship or Sir or Madam
Address them in written correspondence by using their prefix followed by their full name and begin letters ‘Dear [Full Name]’.
how to address district judge in advocacy vs writing
- ‘Judge’
Address them in correspondence as ‘District Judge [Surname] (Magistrates’ Court) and begin letters with ‘Dear Judge’.
how to address circuit judge in adv vs writing
- ‘Your Honour’
Address them in correspondence as His/Her Honour Judge [Surname]’ and begin letters with ‘Dear Judge’.
how to address high court judges in writing vs orally
- ‘My Lord’ or ‘My Lady’
Address them in correspondence as ‘The Honourable [Prefix] Justice [Surname] and begin letters with ‘Dear Judge’.
