Advocacy

8 points of defective advocacy:

  • failing to state at the start of the case the legal propositions the barrister hoped to put forward as part of his argument;
  • failing to supply proper written submissions in good time before the hearing;
  • reading large passages of legal authority on the assumption that “literacy” is confined to the Bar table and is lost upon elevation to the Bench;
  • failing to plan the structure of legal argument to reach quickly the central factual and legal issues of the case;
  • not supplying lists of legal authorities in time for books to be obtained;
  • squandering the great value of oral advocacy to persuade;
  • not adding a proper touch of interest and humour to advocacy;
  • demonstrating unwillingness to address the important policy questions which often arise in the court of appellate litigation.

(from Young Civil Litigation p274)