Advocacy: A Practical Guide 2nd ed

Name: Advocacy: A Practical Guide 2nd ed
Brand: Wildy, Simmonds and Hill Publishing
SKU: 9780854903139
Price: 325.00 HKD
Availability: InStock
Author: Peter Lyons; Chris Taylor
ISBN: 9780854903139

Edited by Peter Lyons · Chris Taylor

New Arrival Wildy, Simmonds and Hill Publishing May 2026

Specifications

ISBN-13: 9780854903139
Publisher: Wildy, Simmonds and Hill Publishing
Publication: May 2026
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Details

Advocacy: A Practical Guide is an invaluable reference for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective.

With a focus on civil advocacy and arbitration, the book provides guidance on a range of matters from undertaking case analysis and overcoming nerves to handling witnesses and making trial speeches. It does not claim to be prescriptive and say this is the only way. The book is intended to be easy to read and absorb, and is designed to give the reader confidence and support.

For this second edition, the text has been fully updated by Chris Taylor, and a new chapter has been included on online advocacy.

The book is aimed at barristers, solicitors, arbitration lawyers, patent attorneys and students. International lawyers will also find the book helpful, providing as it does, a better understanding of common law practice such as cross-examination..

Preface to the Second Edition; Foreword to the First Edition; About the Authors; PRESENTATION SKILLS; 1.
Substance: 1.1 Knowledge of subject; 1.2 Structure; 1.3 Tell a story; 1.4 Simple words; 1.5 Picture words; 1.6 Putting it into practice; 2.
Style: 2.1 Beating nerves; 2.2 Practice; 2.3 Stance and gestures; 2.4 Timing; 2.5 Sounding convinced; 2.6 Paying attention; 2.7 The digital age; 2.8 Sender – message – receiver; 3.
Presentation skills: checklist: 3.1 Preparation; 3.2 Delivery; THE QUALITIES OF A GOOD ADVOCATE; 1.
Integrity: 2.
A good voice: 3.
Presence: 4.
A quick adaptable mind: 5.
Knowledge of human nature: 6.
Courage: 7.
Well-mannered and in control of temper: 8.
Knowledge of the facts and the law: 9.
Norman Birkett’s checklist: PROFESSIONAL CONDUCT; 1.
The advocate’s duty: 2.
Rules of conduct: 3.
Your instructions: 4.
The advocate’s view: 5.
Bringing the profession into disrepute: 6.
Courtesy in court: 7.
Professional conduct: checklist: CASE ANALYSIS; 1.
The facts: 2.
Parties: 3.
Evidence: 4.
Conclusions: 5.
Case theory: 6.
Cross-examination: 7.
How to analyse a case: 8.
The blitz: 9.
The edit: 9.1 Fact one: C is an antique dealer; 9.2 Fact two: C was talked into it by D; 9.3 Fact three: Worthington thinks the sculpture is a fake; 9.4 Fact four: Sculpture is worth £3,000; 9.5 Fact five: C offered £820,000; 9.6 Last fact: D described it as Assyrian; 10.
Forming the case theory: 11.
The blitz and its uses: 12.
Why a case theory is important: 13.
Preparation and proof: 14.
Case analysis: checklist: INTERIM APPLICATIONS (MOTIONS); 1.
Preparing the submission: 1.1 Structure; 1.2 Know all of the facts; 1.3 Know the procedural history; 1.4 Know where your documents are; 1.5 Anticipate your opponent’s arguments; 1.6 Find out about the judge; 1.7 Research the law and the judge’s powers; 1.8 Have submissions on costs ready: win or lose; 2.
Making the submission: 2.1 Address the court appropriately; 2.2 Announcing your appearance; 2.3 Outline the application and the requested relief; 2.4 Structure your submission; 2.5 Make the judge’s job easier; 2.6 Respond directly to questions; 2.7 Be flexible and make concessions if appropriate; 2.8 Be courteous and professional; 2.9 Make a note; 2.10 Read the judge; 2.11 Using a skeleton; 2.12 Reply if necessary; 2.13 After the decision; 2.14 Knowledge of the rules; 3.
Interim applications: checklist: 3.1 Preparing the submission; 3.2 Making the submission; 3.3 After the decision; ONLINE ADVOCACY; 1.
Presenting online: 2.
Set-up: 2.1 Remove distractions; 2.2 Choose your location; 2.3 Lighting; 2.4 Your appearance on screen; 2.5 Virtual backgrounds; 2.6 Multiple screens; 2.7 Test your set-up; 3.
Hearing preparation: 3.1 Procedural considerations; 3.2 Bundles; 3.3 Witnesses; 3.4 Practical considerations; 4.
At the hearing: 4.1 Etiquette; 4.2 Handling the camera; 4.3 Gestures and body language; 4.4 Voice control; 4.5 Referring to notes; 4.6 Use of visuals; 5.
Online advocacy: checklist: 5.1 Set-up; 5.2 Hearing preparation; 5.3 At the hearing; WRITTEN ADVOCACY; 1.
Madman, architect, builder, judge: 2.
Constructing the sentences: 2.1 Lord Denning; 2.2 George Orwell; 2.3 Bertrand Russell; 3.
Statements of case and points of claim: 4.
Witness statements: 5.
And finally: SKELETON ARGUMENTS; 1.
Skeleton arguments: checklist: 1.1 Purpose; 1.2 Technical content; 1.3 Referring to authorities; 1.4 Formal matters; 1.5 Style; PREPARING WITNESSES; 1.
Encouraging false evidence: 2.
Coaching: 2.1 England; 2.2 Australia; 2.3 United States; 3.
Expert witnesses: 4.
How judges see witnesses: 5.
Contemporary documents: 6.
Practical matters: EXAMINATION-IN-CHIEF OR DIRECT EXAMINATION; 1.
No leading questions: 2.
Start your questions with the words ‘what’, ‘when’, ‘where’, ‘why’, ‘how’, ‘who’, ‘please: describe’, ‘tell the court’; 3.
Simple words and short questions: 4.
Style: 5.
Arrange your facts: 6.
Sources of evidence: 7.
Controlling the witness: 8.
What happened next?: 9.
Know the answer: 10.
Avoid compound questions: 11.
Listen to the answer: 12.
Take the sting out of the cross-examination: 13.
Avoid gremlins: 14.
End strongly: CROSS-EXAMINATION; 1.
The purpose of cross-examination: 2.
Showing evidence to be unreliable: 2.1 Mistaken, lazy or unprepared; 2.2 Incompetent; 2.3 Negligent; 2.4 Lacking authority; 2.5 Unqualified; 2.6 Speculating or exaggerating; 2.7 Biased or defensive; 2.8 Hiding something; 2.9 A combination of the above objectives; 2.10 Previous behaviour in any of the above; 3.
Preparing to cross-examine: 4.
Taking facts from other witness statements: 5.
Is the cross-examination necessary?: 6.
Putting your case: 7.
Delivery: 8.
Know the answer or be sure it won’t hurt you: 9.
Assert: don’t ask: 10.
One fact per question: 11.
Don’t argue with the witness: 12.
Making comments is wrong: 13.
Cutting off answers: 14.
Questions based on controversial assumptions: 15.
Questions on stereotypes: 16.
Vulnerable witnesses: 17.
Controlling the witness: 18.
Causing the problem: 19.
Getting the answer you want: 20.
More serious offences: 21.
Refreshing a witness’s memory in cross-examination: 22.
Impeachment: 23.
The talkative witness: 24.
When to ask open questions: 25.
The risks of open questions, arguments and conclusions: 26.
Don’t be pompous: 27.
The ‘Did you?’ question: 28.
Collateral questions: 29.
Cross-examination on documents: 30.
How the cross-examination fits into closing: 31.
How to finish: 32.
Cross-examination: checklist: 32.1 Preparation; 32.2 Delivery; 32.3 Style; RE-EXAMINATION; 1.
Re-examination: checklist: EXPERT WITNESSES; 1.
Direct examination of the expert: 1.1 Introduction and qualifications; 1.2 Method; 1.3 Opinion; 2.
Cross-examination: 2.1 Preparation; 2.2 Your opponent’s expert; 2.3 The opposing expert’s method; 2.4 The cross-examination itself; 2.5 Case study: cross-examination of the claimant’s expert; 2.6 Case study: cross-examination of the defendant’s expert; 3.
Re-examination: ADDRESSES; 1.
Striking the right note: 2.
The opening address: 3.
The closing address: SUBMISSIONS OF LAW; 1.
Preparation: 1.1 Know the court and its powers; 1.2 Know the facts; 1.3 Know the law; 1.4 Cite authorities properly; 1.5 Know where your documents are; 1.6 Anticipate your opponent’s arguments; 1.7 Anticipate what the court might ask; 2.
Structure: 3.
Argument dilution: 4.
Know what order the court should make: 5.
Method: 5.1 The psychology of a judge; 5.2 Point-first advocacy; 5.3 Say why you should win; not why the other side should lose; 5.4 Pick only the best points to argue; 5.5 Don’t read; 5.6 Keep to the point; 6.
Answering questions: 6.1 Answer questions directly; 6.2 How to answer; 6.3 The purpose of the question; 6.4 If you don’t know the answer; 7.
Your style – impact: 8.
Skilful advocates make it simple: 9.
Credibility: 10.
When to reply: 11.
Does oral advocacy make a difference?: 12.
Conclusion: 13.
Addresses and submissions of law: checklist: 13.1 Nerves; 13.2 Structure; 13.3 Notes; 13.4 Stance and gestures; 13.5 Delivery; APPENDICES; 1.
Case Study: Cavendish v Downham: 2.
Further Reading: Acknowledgements; Index