Search
This area does not yet contain any content.
Justinian News

Bennett birched by WA Bureau de Spank ... Perth big shot ... Professional misconduct ... Disclosure of privileged information ... Guardianship proceedings ... Breach of orders ... Conscious disregard of the law ... Consideration of recklessness ... Breach of Harman obligation ... Anthony Kanaan reports ... Read more ...

Politics Media Law Society


Back in the ring ... Rape on the minister’s couch … Cover-up … Of course, there was a cover-up … Bettina Arndt and the Institute for the Presumption of Bruce Lehrmann’s Innocence … Linda Reynolds needs sympathy and money … Justice Lee’s loose crumbs ... Read on ... 

This area does not yet contain any content.
Free Newsletter
Justinian Columnists

Other Voices, Other Rooms ... Hack attack on barrister ... Heavy-handed Jewish lobby calling the shots ... No support from chambers ... Eerie silence from professional bodies about Gaza atrocities ... Latest cancellations ... Free speech in a spin ... From our Editorial Board ... Read more ... 

Blow the whistle

 

News snips ...


Important news from Tasmania ... More >>

Justinian's Bloggers

Letter from London ... Floyd Alexander-Hunt's letter from Blighty ... Hugh Grant takes the money and leaves the box ... Last minutism ... And suprise round-up for Rwanda-bound refugees ... Read more ... 

"Throughout every step of this process, I have been surrounded by the love of my wonderful family, as well as incredibly supportive friends and colleagues. I can never thank them enough. I also want to say how grateful I am to all the generous members of the public who have approached me almost every single day to express, often through tears, their unwavering support."

Celebrity TV presenter and defamation defendant Lisa Wilkinson outside the court after Justice Lee's verdict in the Lehrmann case ... Aoril 15, 2024 ... Read more flatulence ... 


Justinian Featurettes

Algorithmic injustices ... Criminal justice in the data age ... The lurking dangers when algorithms are used to dispense justice ... Predicting the pattern of potential offenders ... Anthony Kanaan interviews Dr Tatiana Dancy, author of Artificial Justice ... Read more ... 


Justinian's archive

Justice Jeff Shaw's bingle ... Supreme Court judge's drink-drive experience ... Cars damaged in narrow Sydney street ... Touch driving ... Missing blood sample ... Equality before the law may not apply to judges ... Judges behind the wheel ... From Justinian's Archive ... November 4, 2004 ... Read more ... 


 

 

« Trying to make prosecutors sexy | Main | Spilling the beans »
Wednesday
Dec112019

How to ask a question

Peter Lyons book Advocacy - A Practical Guide ... Reviewed by Paul Hardman ... Helping judges come to the right decision ... Loved by Lord Pannick ... Techniques from the leading lights ... Presentation skills ... Preparation ... From the author of the best-selling Not One Jot 

Today, there is a lot of available reading on advocacy but it strikes me that it focusses on the subject itself rather than what we really need which is "how to do it".

Now comes a little blue book by Peter Lyons called Advocacy - A Practical Guide. It is not only entertaining and educational but is long overdue.

Lyons is an Australian barrister based in England, who has been teaching advocacy for 25 years. He has trained advocates, young and old, in over 20 countries.

The theme of the book is "help the judge come to the decision you want". It is aimed at barristers, solicitors, arbitration lawyers, patent attorneys and anyone who makes a living presenting cases and trying to persuade.

Lyons also demonstrates the power and effectiveness of plain and simple language, not "legalese". He recalls an occasion when he saw a lawyer appearing before Mr Justice Underwood in a property dispute. The lawyer's question to the witness was:

Lawyer: 'On which particular occasion did you form the requisite intention to dispose of the agricultural holding which is the subject matter of the present litigation?'

Witness: 'Huh?'

Judge: 'When did you decide to sell the farm?'

Lyons doesn't preach. He gives you  techniques in oral and written advocacy but he also draws on the skills of successful advocates over the years, such as Tom Hughes, Murray Gleeson, Garfield Barwick, Norman Birkett and Edward Carson - and not only the great legal advocates but great persuaders of all persuasions, from Churchill to Thatcher, from Reagan to Obama.

The chapter on presentation skills will be of interest to anyone wishing to hone their public speaking and persuasion.

Lyon's book traverses all of the topics that you would expect to see: preparing witnesses, examination and cross-examination, case analysis, preparing written submissions and addresses.

What you don't expect is the way that Lyons delivers it. It is enjoyably informative, lightly written and at times very funny. One of the things I liked most is that each chapter ends with a checklist summarising the key points, and no point more than a sentence. 

I liked it so much that I gave it to my team to read ... In short, it's a page turner.

The book, as is so often the case, suffers from an inadequate index. Birkett and Barwick are not mentioned but Tony Blair is-under "T." Perhaps that could be rectified in future editions.

The highest praise comes from the lawyer of the moment in Britain, the man who won the two big Brexit cases in the Supreme Court, David Pannick QC.

Lord Pannick, wrote the foreword and said:

"I have read no better guide to the practicalities of good advocacy than Peter Lyons' book." 

If it's good enough for him ... 

Reviewed by Paul Hardman, partner at K&L Gates, Brisbane 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.