Blog: Persuading the Judicial Mind by Alrick Scott

Persuading the Judicial Mind by Alrick Scott

Advocacy is the vehicle by which counsel may persuade the judicial mind. It is a topic that is of importance to both the Bench and the Bar. Skilful advocacy makes it easier for the Bench to resolve legal disputes, it promotes confidence in the Bar, and furthers the ends of justice. As Lord Judge CJ observed in R v Farooqi and others, “…… the judge personally, and the administration of justice as a whole, are advantaged by the presence, assistance, and professionalism of high quality advocates on both sides.”

I am hoping that by this presentation, I can give an understanding of the place of both written and oral advocacy in civil litigation. I will try to make a case for well-written, carefully thought-out, persuasive written submissions and skeleton arguments in litigation. Also, I aim to give an appreciation of the matters that may influence the judicial mind in both written and oral advocacy. And, I am hoping that by the end of the presentation, I would have inspired and promoted effective and persuasive written and oral advocacy, to the benefit of the Bench, the Bar and the administration of justice.