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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT... & ROLL YOUR EYES

THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT… & ROLL YOUR EYES

March 7, 2021 · by gexall · in Advocacy, Useful links, Written advocacy

For the past two weeks we have been looking at some of the judgments of Canadian judge Mr Justice Joseph W. Quinn. To complete the series we will look again at the guidance he gave  to the Ontario Bar Association in…

MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: "WEAR PANTS, SEQUESTER PETS"

MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings

I started the day with a look at guidance for remote hearings.  As is often the way more useful guidance came out this morning in Bloomberg Law “Wear Pants, Sequester Pets: Five Tips From Judges for Zoom Court”. THE GUIDANCE…

REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND...

REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings, Written advocacy

Lawyers all over the world are getting to grips with advocacy via a computer screen.  This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely….

HOW TO LOSE A CASE: SILKY GUIDANCE: IGNORE THE FACTS (THAT ALWAYS HELPS)

November 29, 2020 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Useful links

Today I am encouraging you to read one of the most authoritative  and witty articles I have read about being involved in the civil litigation process.  How to Lose a Case is a post by Edmund King QC on the…

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

October 30, 2020 · by gexall · in Advocacy, Conduct

A tweet from a barrister, this afternoon complained, in essence about the “pointless aggression” of an opponent. It has gathered lots of support.   One thing that judges, from around the world, are universally keen on is courtesy.   This gives me…

WHAT TO TAKE TO COURT: TEN TIPS FROM THE NICE LAWYERS OF TWITTER (& DOZENS MORE IF YOU FOLLOW THE LINKS)

October 11, 2020 · by gexall · in Advocacy, Well being

These must be difficult times for trainees and pupils.  One of the things you learn (often the hard way) is what, and what not, to take to court.  Trips to court now far less frequent and these essential skills may…

A FURTHER TEN PIECES OF ADVICE FOR THE YOUNG, AND NOT SO YOUNG, LAWYER: AVOIDING THAT "SPECIAL RING IN HELL"

A FURTHER TEN PIECES OF ADVICE FOR THE YOUNG, AND NOT SO YOUNG, LAWYER: AVOIDING THAT “SPECIAL RING IN HELL”

October 8, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Civil Procedure, Useful links

Continuing with the  review of those series on this site which  collate the guidance that judges have given to lawyers.  In series three we looked at everything from going to hell; brevity (the absence of which leads you rapidly towards…

TEN MORE PIECES OF ADVICE FOR THE YOUNG LAWYER: "INCIVILITY IS COUNTERPRODUCTIVE": "BE BRIEF"; "DON'T CRUMBLE"

TEN MORE PIECES OF ADVICE FOR THE YOUNG LAWYER: “INCIVILITY IS COUNTERPRODUCTIVE”: “BE BRIEF”; “DON’T CRUMBLE”

October 7, 2020 · by gexall · in Advocacy, Civil evidence, Civil Procedure, Useful links, Written advocacy

I am using this week to look back a previous series where guidance was given, primarily by judges, to young advocates.  There are links here to the original posts, and sources for the posts.  Here we look at the second…

TEN KEY PIECES OF ADVICE STRAIGHT FROM THE JUDICIARY FOR THE NEWLY MINTED LAWYER (WHICH MAY ALSO HELP THE REST OF US)

TEN KEY PIECES OF ADVICE STRAIGHT FROM THE JUDICIARY FOR THE NEWLY MINTED LAWYER (WHICH MAY ALSO HELP THE REST OF US)

October 6, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Civil Procedure

Following on from the post yesterday aimed at those about to start their training contracts or pupillage this would seem to be a good time to remind people of the number of  series there are on this site about advocacy. …

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: "RIVAL TRIBES" IN THE COURTROOM NEVER HELP

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: “RIVAL TRIBES” IN THE COURTROOM NEVER HELP

September 20, 2020 · by gexall · in Advocacy, Conduct

There is one passage in the judgment in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) that I had to read twice. It is something that emphasises the need to remember that the judge…

COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT,  TAILS AND SPATS EITHER

COVID REPEATS 22: DRESSING FOR COURT: NO RIPPED JEANS, BUT NO TOP HAT, TAILS AND SPATS EITHER

May 15, 2020 · by gexall · in Advocacy, Conduct, Coronavirus

I thought hard about whether repeating a post about dressing for court is appropriate for the current times. We will have to go back to court one day, and current guidance dictates that (the top half of us at least)…

COVID REPEATS 18: "BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS"

COVID REPEATS 18: “BEHIND THE DIFFIDENT SMILE OF THE SHYEST JUNIOR IS A CONCEIT OF NAPOLEONIC PROPORTIONS”

May 11, 2020 · by gexall · in Advocacy, Applications, Coronavirus

Today we travel to Australia and looking again at  guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. Remember the main aim of these posts…

COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: "EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM"

COVID REPEATS 12: THINGS LAWYERS DO TO ANNOY JUDGES: “EVERY PIECE OF PAPER THAT LEAVES YOUR OFFICE IS AN ADVERTISEMENT FOR YOU AND YOUR LAW FIRM”

May 5, 2020 · by gexall · in Advocacy, Avoiding negligence claims, Useful links, Written advocacy

Here we are looking again at the advice given by  the Canadian judge Mr Justice Joseph W. Quinn A Judge’s View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges“.* This whole talk is worth reading, for…

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

THINGS TO THINK ABOUT IN THE NEW YEAR: DOES DRESSING FOR COURT MATTER?

January 3, 2020 · by gexall · in Advocacy, Useful links

One of the primary tasks of an advocate (indeed the primary task) is to persuade judges. That is why so much time is spend on this blog looking at guidance given by judges.  The beginning of the year is a good…

ADVOCACY THE JUDGE'S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON'T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)

ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON’T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)

August 13, 2019 · by gexall · in Skeleton arguments, Useful links, Written advocacy

After a break of eight months I am starting a new series featuring the guidance the judges give to advocates.  Here I am encouraging you to read The deadly sins of oral advocates: Part One, in the Lawyers Weekly. A…

CIVIL PROCEDURE BACK TO BASICS 43: CROSS EXAMINING EXPERTS: USEFUL GUIDES AND  LINKS

CIVIL PROCEDURE BACK TO BASICS 43: CROSS EXAMINING EXPERTS: USEFUL GUIDES AND LINKS

May 13, 2019 · by gexall · in Advocacy, Expert evidence, Experts, Uncategorized

Cross-examining experts is possibly one of the most daunting aspects of advocacy.  If an advocate gets into a “debate” with an expert then the advocate normally loses. If the advocate is too brutal the cross-examination can backfire, too supine and…

LITIGATORS AND THE ART OF PERSUASION: USEFUL GUIDES (1): MUNKMAN ON THE TECHNIQUE OF ADVOCACY

February 4, 2019 · by gexall · in Civil evidence, Civil Procedure, Witness statements, Written advocacy

Every litigator is, involved in the art of persuasion.  Litigation is fundamentally about the art of persuasion.  Persuasion is a litigator’s daily task: in correspondence, on the phone,  with opponents. It is wrong to confine the consideration of this essential skill…

ADVOCACY: THE JUDGE'S VIEW: SERIES 3: PART 9: "DON'T BITCHSLAP YOUR OPPONENT": GUIDANCE FROM A CRANKY JUDGE

ADVOCACY: THE JUDGE’S VIEW: SERIES 3: PART 9: “DON’T BITCHSLAP YOUR OPPONENT”: GUIDANCE FROM A CRANKY JUDGE

January 13, 2019 · by gexall · in Written advocacy

Here we are going to the USA and looking at guidance given by Federal Judge Richard G Kopf in his blog Hercules and the Umpire.  As every the aim here is to get you to read the original (follow the…

ADVOCACY THE JUDGE'S VIEW SERIES 3: PART 8: BREVITY

ADVOCACY THE JUDGE’S VIEW SERIES 3: PART 8: BREVITY

December 12, 2018 · by gexall · in Advocacy, Written advocacy

In this post I am encouraging you to read the  speech of Lady Justice Rafferty to the Criminal Law Review Conference earlier this month.  Much of the speech concerns issues in criminal law. However one passage is, in essence, about…

DOES WHAT YOU WEAR MATTER?  GUIDANCE FOR ADVOCATES AND LITIGANTS

DOES WHAT YOU WEAR MATTER? GUIDANCE FOR ADVOCATES AND LITIGANTS

November 20, 2018 · by gexall · in Advocacy, Civil evidence

Does how you dress affect how you are perceived? A recent tweet (from the USA) contained a complaint from a lawyer that a judge had upbraided them in court for not wearing a tie.  The lawyer asserted that there were…

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