THE REQUIREMENT TO PUT YOUR CASE TO YOUR OPPONENT’S WITNESS (AND THE POTENTIAL DIRE CONSEQUENCES IF THIS IS NOT DONE): SOME UNUSUAL PROCEDURAL TANGLES IN THE THE HIGH COURT
We are looking at a case where, for reasons that are unclear, the claimants failed to challenge a key part of the evidence of the defendant’s witness. That evidence was central to the claimants’ case. The claimants’ attempts to rectify…
ADVOCACY IN THE CIVIL COURTS 2025: WEBINAR 23rd OCTOBER 2025
Regular readers of this blog will know that I regularly take you through guides and hints to advocacy, being particularly keen on those articles and comments given by judges. A lot of that will feature in this webinar which aims…
“A KEY TASK OF LITIGATION ADVOCACY IS TO HELP THE COURT TO SEE THE WOOD SAID TO BE CONSTITUTED BY THE TREES”: OVERLENGTHY WRITTEN SUBMISSIONS: PERHAPS ADVOCATES SHOULD TURN OVER A NEW LEAF…
Here we look at judicial comments on the written submissions given after a lengthy trial. The judge’s concern was that their length hampered rather than helped their task. (One suspects it sapped a lot of enjoyment out of their task)…
CIVIL PROCEDURE BACK TO BASICS 105: AN ADVOCATE SHOULD NOT GIVE EVIDENCE (NOR TRY TO SLIP IT INTO A SKELETON ARGUMENT)
This post follows the comments of the judge in a case we looked at last week that “counsel cannot give evidence”. We have seen many examples on this site of judicial criticism that witness evidence is, in fact, commentary, submissions…
IF YOU ARE GOING TO HAVE LONG SKELETON ARGUMENTS – THEN GIVE THE JUDGE AN INDEX OR LIST OF CONTENTS: A CHANCE TO REVIEW CASES, LINKS AND GUIDANCE ON DRAFTING SKELETONS
There are limits on the length of skeleton arguments. These are often exceeded. Here the judge observes that if skeletons are going to be lengthy then the advocates should assist the court by providing an index or list of contents. …
ADVOCACY THE JUDGE’S VIEW XVI: THE FUTILITY OF TRYING TO READ THE JUDGE’S BODY LANGUAGE
Many of the posts in this series revisit previous series on the judge’s view. This post looks at the recent case of Russell v Coulter (Rev1) [2025] EWHC 493 (KB). The judge made certain observations when disallowing the evidence of a…
ADVOCACY THE JUDGE’S VIEW XV: REMEMBER JUDGES MAY BE TALKING ABOUT YOU: ADVICE FROM THE STREETS OF SAN FRANCISCO
Here we look at an interview with San Francisco Superior Court Judge, Curtis Karnow. The interview was about a book the judge had written “Litigation in Practice“, which is available in the UK. The original interview by is Ros Todd. As…
ADVOCACY – THE JUDGE’S VIEW XIV: “RAMBO TACTICS” DO NOT WORK (NEITHER DO THREATENING YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION OR MAKING FACES AT THE JUDGE…)
Continuing with revisiting guidance from judges in relation to advocacy. Here I advocate (hopefully in a civil way) learning from one judgment. That is the judgment of District Judge Chin in the extraordinary case of Revson -v- Cinque & Cinque in…
ADVOCACY THE JUDGE’S VIEW XII: BEING PERSUASIVE – SIMPLE IS BEST: “CONVOLUTED ARGUMENTS ARE SLEEPING PILLS ON PAPER”
This post revisits the detailed article by Judge Stephen J. Dwyer, Leonard J. Feldman & Ryan P. McBridet called “How to Write, Edit, and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers”. Remember the purpose of this…
ADVOCACY THE JUDGE’S VIEW XI: ADVOCACY BEFORE THE MASTERS: YOU ARE DEALING WITH EXPERTS AND TIMING IS IMPORTANT
Today we are revisiting an article by Master David Cook “Advocacy before the QB Masters – Some Do’s and Dont’s” and it reminded me why I wrote the original series. These are invaluable sources of advice and information. Appearing before Masters…
ADVOCACY THE JUDGE’S VIEW X: A RECAP OF THE POINTS SO FAR: 10 KEY POINTS FROM AROUND THE WORLD
Carrying on with our revisiting this series we are having a short recap. Here were look at 10 key pieces of advice arising from the series so far. (There are plenty more to come). 1. ADVICE FROM CANADA – MANNERS…
ADVOCACY THE JUDGE’S VIEW IX: DOES WHAT YOU WEAR TO COURT MATTER?
We are revisiting to the series on “Advocacy – the Judge’s view”. This particular post was originally inspired by a search term that arrived on this this blog “Can a solicitor dress casually in county court”. This caused a lot…
ADVOCACY – THE JUDGE’S VIEW VIII: “CREDIBILITY IS ALL YOU HAVE”: YOU ARE NOT A PUPPET
This post looks at at an article by Sidney Butcher in the ABA publication “Views from the Bench: Tips for Young Lawyers on How to Make a Good Impression.” The Honorable Lynne Stewart, a District Court Judge and the Honourable Julie Robinson…
ADVOCACY THE JUDGE’S VIEW 7: WITNESS STATEMENTS “ACCURACY AND NOT LEGAL ARGUMENT IS THE KEY TO ENSURING A WITNESS STATEMENT IS AS EFFECTIVE AS IT CAN BE”
In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility…
ADVOCACY THE JUDGE’S VIEW 5: TO PERSUADE A JUDGE THINK LIKE A JUDGE: TO THE JUDGE YOUR CASE IS A PROBLEM TO BE SOLVED
This series continues the recap of the views from judges around the world and the advice they give to advocates. Here we look at the article from J. Frederic Voros, jr for the Utah State Bar: To Persuade a Judge,…
ADVOCACY THE JUDGE’S VIEW 4: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND BEWARE OF “WELL PADDED VANITY”)
Australia and looking at the guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. (At the moment I cannot find a link to the original…
ADVOCACY – THE JUDGE’S VIEW III: PREPARE PROPERLY AND SEE THE SCENE FOR YOURSELF: A VIEW FROM CANADA
As part of the repeated series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues…
ADVOCACY – THE JUDGE’S VIEW: A REPEAT ii: “USEFUL, JUST & CHEAP”: GUIDANCE FROM AUSTRALIA
The post I repeated yesterday on Things Lawyers do to Annoy Judges was, without doubt, when first written one of the most publicised and read posts on this blog. I think it was that post that led to the blog…
“EYE ROLLING, HEAD SHAKING, GRUNTING, SNICKERING, GUFFAWING AND LOUD MUTTERING”: HARDLY THE STUFF OF GOOD ADVOCACY
In China Yantai Friction Co. Ltd. v Novalex Inc., 2024 ONSC 608 (CanLII), C. Chang.J, made some trenchant observations about the conduct of one of the advocates in the case. “It has long been a tradition and requirement of etiquette…
BOOKS ABOUT ADVOCACY: MUNKMAN ON THE TECHNIQUE OF ADVOCACY (A REPEAT)
Every litigator is an advocate, whether they know it or not. Litigation is fundamentally about the art of persuasion. This is a litigator’s daily task: in correspondence, on the phone, with the court. This is best done by the careful…
“SPEAKING NOTES” RARELY WELCOME BY THE COURTS: THE “SPECIAL CIRCLE OF HELL” RESERVED FOR SOME ADVOCATES…
There is an observation made in the final paragraph of the Privy Council judgment in Chang v The Hospital Administrator & Ors (Trinidad and Tobago) [2023] UKPC 44 that relates to “speaking notes”. They were, it seems, not altogether welcome. …
THE UNSETTING TRUTH ABOUT SETTLING PART 1: MORE MISSIVES FROM CANADA: “EXPERIENTIA DOCET”
We are continuing with our look at articles by the retired Canadian judge, The Honourable Joseph Quinn. For those who haven’t read them. For those unfamiliar with his work it is always worth reading Things Lawyers do to Annoy Judges, and…
CONCISION AND BREVITY IS BEST: (I’M SAYING THIS AGAIN…): EXAMPLES FROM HOME AND ABROAD
I am mining the back catalogue of this log (that is repeating myself again) to look at a post originally written in August 2016. It looked at judicial complaints about the length of submissions. This was where the judges were…
GUIDANCE FOR ADVOCATES: 12 JUDGES CAN’T BE WRONG – “ONLY JUDGES MAY MAKE BAD JOKES”
I am here re-visiting a series of posts from 2016, where we looked at guidance given to advocates by judges. As part of the series looking at the advice that judges give to advocates (and how this relates to civil…
ADVOCACY THE JUDGE’S VIEW SERIES: “THE ROLE OF THE SOLICITOR IN THE CASE HAS ASSUMED GREAT IMPORTANCE”
The blog is getting to the age when I feel free to repeat things. Reader numbers have increased over the years and I am selecting posts of general application, rather than contemporary case law. We are looking again at the…
DRESSING FOR COURT: GUIDANCE AND TWO NEW USEFUL LINKS
Two posts on the “Yetanotherbloggingbarrister” blog are worth reading on the, sometimes difficult, question of dress for pupil barristers. I provide the links here. This provides a chance to look again at guidance given more widely. Not only for pupils…
THE ART OF CROSS-EXAMINATION: A JUDGE’S GUIDE: “STOP WHEN YOU GET WHAT YOU WANT”
The judgment in of Mrs Justice Cockerill in King & Ors v Stiefel & Ors [2021] EWHC 1045 (Comm) is a long and complex one. The case is worth reading because of the principles it sets out for pleading a…
THINGS THAT LAWYERS DO TO ANNOY JUDGES: SCOWL AND POUT… & ROLL YOUR EYES
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”
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…
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)
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)
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)
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”
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”
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)
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
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
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”
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”
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?
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)
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
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
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
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
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 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…
SKELETON ARGUMENTS: A ROUND UP: GUIDANCE ON DRAFTING: JUDICIAL COMPLAINTS (& THERE ARE PLENTY): EXAMPLES ONLINE & SANCTIONS FOR LATE SERVICE
Recent online discussions about skeleton arguments started with a search term that led to this blog “how long should a skeleton argument be?” This was probably a good time to provide a review highlighting all the posts about skeleton arguments…
ADVOCACY THE JUDGE’S VIEW: SERIES 3 PART 7: LADY JUSTICE MACUR: NOT DIVERTING FROM A SCRIPT AND STATEMENTS OF PRINCIPLE THAT POSE AS QUESTIONS
In this post I am recommending you read an interview with Lady Justice Macur by the Law Society “the art of good advocacy”. This is an interview following a seminar with the same name given in April 2016. Remember these…
ADVOCACY: THE JUDGE’S VIEW SERIES 3 PART 6: MAY IT PLEASE YOU, MADAM: STORIES THAT EVERY LITIGATOR NEEDS TO KNOW…
In the sixth in this series we a looking at “May it please you Madam” by retired District Judge Neil Hickman. This is not designed as a guide for advocates, indeed the subtitle is “A little book of legal whimsy”. …
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