1

Question 1

key starting Qs to consider in prep?

(advocacy)

Answer 1

• 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?

Question 2

How to address

District Judge

Mags

Answer 2

Judge

Chairperson mags - Sir or Madam as appropriate

Question 3

good way of prepping advocacy submissions to ensure link facts to law

Answer 3

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

Question 4

suggested approach for analysis

Answer 4

• 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

Question 4

expressions to make advocacy sound more persuasive / turn facts into submissions

Answer 4

‘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 )

Question 7

sounds obvs but advocacy structure

Answer 7

1. intro (what going to say in what order)
2. main body
   - turning to diff grounds (eg I shall now turn second ground)
3. 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).

Question 8

quote to signal moving on to next point in application

Answer 8

“Judge, I shall now turn to the second ground of the application”

Question 9

Advocacy plan (broadly)

Answer 9

(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)

Question 10

respond “on the papers” meaning

Answer 10

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)

Question 11

quote for directing in bundle

Answer 11

“may I take you to the bundle, and to paragraph 4 of the Defendant’s witness statement on page 7.”

Question 12

Terms and words to describe opponent’s case

How to introduce opposing PoV

Answer 12

Claims, asserts, contends

‘It is claimant’s case that’
‘Defendant disputes that’

Question 13

what should u say instead of “my client tells me”

in civil vs criminal

Answer 13

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”

Question 14

what to say instead of “in my opinion” or “I think”

Answer 14

I submit
I would seek to persuade you
I would urge you

Question 15

High Court judge mode of address

Answer 15

My Lord or My Lady

Question 16

Circuit Judge correct mode of address

Answer 16

Your Honour

(very American)

Question 17

Recorder mode of address

Answer 17

Your Honour

(think of recorders are played to honour)

Question 18

District Judge of High Court or County Court mode of address

Answer 18

Judge

Question 19

Master (high court) mode of address

Answer 19

Judge

Question 20

Magistrates (lay and stipendiary) mode of address

Answer 20

Your Worshop or Sir or Madam

Question 21

Quote to introduce self and opponent

Answer 21

Judge, I am Miss McK and I appear on behalf of the defendant.

My friend Mr Baker appears on behalf of the defendant.

Question 22

quote for how may introduce criminal application for community sentence

Answer 22

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.

Question 23

what to do if stuck when judge interrupts to ask q

Answer 23

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)’.

Question 24

Quote where suggesting judge makes an order subject to conditions

(and when to offer)

Answer 24

“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

Question 25

When will costs be assessed for DR?

What must u do?

Answer 25

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.

Question 26

how to address mags in speaking vs in writing

Answer 26

• 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]’.

Question 27

how to address district judge in advocacy vs writing

Answer 27

• ‘Judge’

Address them in correspondence as ‘District Judge [Surname] (Magistrates’ Court) and begin letters with ‘Dear Judge’.

Question 28

how to address circuit judge in adv vs writing

Answer 28

• ‘Your Honour’

Address them in correspondence as His/Her Honour Judge [Surname]’ and begin letters with ‘Dear Judge’.

Question 29

how to address high court judges in writing vs orally

Answer 29

• ‘My Lord’ or ‘My Lady’

Address them in correspondence as ‘The Honourable [Prefix] Justice [Surname] and begin letters with ‘Dear Judge’.