Among my first loves in the practice of law, is court practice in all its glory. Having practiced corporate law for so many years, I am constantly monitoring myself to get some assurance that I haven’t lost touch with what I have learned during the time when I was actively involved with the litigation process.

I will endeavor to highlight some of the techniques I picked up along the way with the hope that they will be useful to colleagues.

In the jurisdiction that I practice, the bar school produces “advocates” which is a combination of a barrister and solicitor, and my sharing is based on that experience.

First of all, I learned that as an advocate, an attitude that you have a responsibility to your client to use your professional endeavors to ensure progression of a matter to either a settlement or the commencement of trial regardless of whether you act for the party that commenced the action or the one responding to it, is key. My experience with a human rights law firm affirmed this position as we acted for the vulnerable in society whose access to expedited and quality legal service depended on how agile the advocates were in navigating the process for effective relief. This process entailed that we were familiar with the administrative process and avenues to follow to ensure minimum inconvenience to our clients. What this experience taught me is that an advocate rarely sits and waits for things to happen …constant follow up and use of initiative to progress matters was critical.

In the preparation phase, the relationship between the advocate and the client is expected to flourish in the sense that there should be engagements aimed at equipping both the advocate and the client with an understanding of the substance of the matter (and whether same has been narrowed down to what is contentious), case management and courtroom readiness.

It is also important for the advocate to have relevant engagement with the adversary’s advocates. Many a time, advocates get so engrossed with proving their client’s case that they overlook their mutual responsibility of being officers of the court whose primary duty is to assist in the process leading to the dispensation of justice. I found that having contextual discussions with counsel on the other side when necessary, with a view of focusing on the contentious issues, leads to the efficient management of a matter before the court. Opportunities such as ex curia settlements of matters in whole or in part are more easily attainable with this approach.

When all pleadings are settled, advocates are now geared for their days of courtroom performance and depending on their preparedness, they should be excited about being part of the process of dispensation of justice. This exercise calls upon one to act in accordance with court practice and procedure to avoid unnecessary technicalities… and this includes the proverbial “appropriate dress” so that the Court is not blinded by your inappropriate apparel. This can simply throw you and your client off!

Further, take command of the language and articulation of the issues and do not allow them to overpower you! I learnt this quite early from one of my mentors whose use of the Queen’s language he has embraced as a powerful tool to articulate himself. The clarity with which he speaks and his placement of emphasis and rhetoric makes his court performances a marvel to watch! In imparting his knowledge and experience to me, he was quick to mention that the core of my delivery during courtroom interactions was in the confidence I had in the tools available to me and how I used my passion and unique professional personality to conquer the task. It is important that you assure yourself that you had a good day in court, regardless of the final outcome because your job was to do your best to persuade the court to decide in your client’s favour and not to pass the actual judgement.

Advocacy is an art which perfects with practice and experience, so keep at it.

My article is certainly not exhaustive, and I am sure there are a plethora of tips on how to successfully bring out the advocacy from the advocate! I look forward to hearing from colleagues.

Thank you.