A few thoughts on Court Craft:

1. Be fair & honourable. An advocate is a story-teller but she’s an ethical story-teller. You don’t take creative liberty with the facts. You may be entitled to your own opinions or interpretations but you are not entitled to your own facts.

2. But there is a creative element in how you present those facts. The sequence. The emphasis. How you concede facts against you – fairly and conspicuously (the indefensible terrain) – but also say as to how they do not make a difference to the final outcome of the case.

3. By being fair, you build credibility as a true and honourable officer of Justice. And credibility is everything. The arc of a lawyer’s life is long and these things matter.

4. Learn to state the proposition that arises in the case as neutrally/objectively as possible. You are there to assist the Court & assistance begins by stating the facts & evidence accurately. Don’t frame self serving issues/one-sided issues which aren’t accurate.

5. State the law on the subject. More importantly, DO state the law against you on the subject and, if possible, either distinguish it, or show how the precedent of the opposite side isn’t really the ratio or there is other binding authority. Learn to distill ratio of a judgment.

6. More on this in the next thread.

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