Advocacy Course

I completed the course in Brisbane in January 2013, after Michael Stewart QC ( it is fair to say)  dragooned me into doing so.  I am very glad he did.  This piece sums up my experience of the course — the best I have encountered in my time at the Bar — for those of you interested in the small number of places still available.

The course concentrates on four aspects of advocacy essential to good trial performance- opening, examination in chief, cross-examination and closing. The course devotes one day to each of these disciplines.

The cohort of 42 participants is streamed into groups of six, of similar seniority, grouped by practice area.

The material with which each group is working is a “brief” in a passing off case. There are three on the applicant side and three on the respondent side. In the criminal stream the brief is to prosecute and defend a rape case. Counsel have to prepare their side of the case for hearing prior to the commencement.

Each morning, there are presentations and discussions by first class presenters, aimed at better informing one’s approach to the four tasks. My group had Nicolas Green QC on the theory of the case and opening, Justice K Martin (WA) on leading evidence, and Ian Temby QC on cross-examination. Not too shabby. And the coaches with expertise in voice, movement and impact were a revelation.

Each afternoon, each participant presents his or her 15 minute opening, 15 minute evidence in chief from the liability or damages witness, 15 minute cross-examination or 15 minute closing. This is all on-camera, in Court, with a Judge and opposing counsel. Also in Court are one or two further Judges, one or or two silks and the voice and impact coaches.

All the above are observing, with the video cameras rolling, so that after the task is complete, all can constructively critique what they saw by reference to the video. With the benefit of that critique, there is then an opportunity to do the task again, and a second video, and further coaching.

As I see it, the main idea behind the course is: “What we think and do is limited by what we fail to notice. Examine thus yourself from every side.”

The course allows a participant to see and hear himself or herself as the Judges do. We achieve a better appreciation of what we do, and fail to do, as we stand at the lectern in each of the four disciplines. We see what we sound like, what we look like, our mannerisms.

The ABA website describes this philosophy as being that “the skills of a barrister are best learned through a deep understanding of the relevant objectives for each performance task”.

However you describe it, the Course improves one’s effectiveness as an advocate and one’s comfort in the role. This really is a brilliant means of becoming aware of bad habits and how to eliminate them and perhaps to be pleasantly surprised about the things that you get right.

It is not all hard graft though, and the Course certainly builds an esprit de corps. At your table each evening you can expect good wine, food and conversation shared with Judges, silks and juniors from all over Australia, New Zealand, the UK and other parts of the Commonwealth.

Jeremy Sweeney