Tag Archives: Written advocacy

“UNNECESSARY, UNHELPFUL & UNACCEPTABLE” : OVER-LONG SKELETON ARGUMENTS – AGAIN.

There have been a series of judgments in the civil courts, notably from Jackson L.J., commenting on the length of skeleton arguments.  The criminal courts are not immune. In R -v- Brandford [2016] EWCA Crim 1749 the Court of Appeal Criminal Division had strong words to say about the length of the skeleton arguments in […]

ADVOCACY: THE JUDGE’S VIEW X: 10 KEY POINTS FROM AROUND THE WORLD

This is the last in the series of Advocacy the Judge’s view.  We have looked at advice given by judges from around the world.  Here I select a key point from each. 1. ADVICE FROM CANADA – MANNERS MATTER It is difficult to select any one point from the talk given by  Mr Justice Joseph […]

TOO LATE AND TOO LONG: OCEANS APART BUT TWO JUDGES HAVE THE SAME VIEW ON LAWYERS’ LATE & LENGTHY SUBMISSIONS

Some parts of the legal profession do not have a reputation for concision. It is interesting to see similar observations coming from two judges, in two very different jurisdictions, on the same day. “Sly lawyers take advantage of this institutional inertia to flout our page limits with impunity. This encourages disdain for our rules and […]

ADVOCACY – THE JUDGE’S VIEW IV: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND BEWARE OF “WELL PADDED VANITY”)

In the fourth in this series we are returning to 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. Remember the main aim of these posts is to whet your appetite so you read the […]

ADVOCACY – THE JUDGE’S VIEW II: “USEFUL”,”JUST & CHEAP”: GUIDANCE FROM DOWN UNDER

The post earlier this week on Things Lawyers do to Annoy Judges was, without doubt, one of the most publicised and read posts on this blog.  However it also opened up a rich train of enquiry: what do judges write about advocacy?  This is important because in civil cases it is judges that will decide […]

THINGS LAWYERS DO TO ANNOY JUDGES: EDITED HIGHLIGHTS

Regular readers of this blog will be familiar with the judgment of Mr Justice Joseph W. Quinn in the case of  The Hearing Clinic (Niagara Falls) -v- Ontario Ltd, 2014 ONAC 5831  where he was more than blunt in his assessment of witness evidence.  He is equally blunt in his assessment of lawyers in a […]

WRITTEN ADVOCACY: CANDOUR & CONCISION ESSENTIAL GUIDANCE FROM CANADA

One of the advantages of writing a blog is that you can point out useful posts and articles. Anyone involved in legal argument benefit the guidance by John L Laskin J.A. in Forget the Wind-Up and Make the Pitch Some suggestions for Writing More Persuasive Factums.  SOME INTRODUCTIONS A “Factum” is a written summary of […]