Notes from the BPP advocacy module covering how to structure your submissions and how to articulate your submissions. Also includes a full transcript of an SGS advocacy preparation!
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Advocacy
= preparing and delivering an effective argument (in an oral or written format)
= the skill of ‘persuasion’
It’s about what you say and how you say it.
What you say - Structure How you say it – verbal/non-verbal - Performance
Submissions/ arguments are clear, succinct, and well structured Advoid slang / appropriate language
Pace, volume, tone (professional) – not overly dramatic & a brief silence can be effective signposting
Body language
1. Introduction to the Master:
Posture – don’t slouch! don’t have your arms folded!
Avoid physical gestures: nodding, shaking, knee-jiggling, pen-tapping, foot swinging
‘Master, I am [NAME] of [FIRM NAME] representing the D, [APPLICANT NAME]’ Maintain eye contact with the Master
‘My friend(s),[NAME(S)} represents the C, [NAME]’ Notes as a handrail vs. handcuff/ reliance on script
2. Explain what the application is for and under which CPR the application is made, Be clear and audible
‘This is D/C’s application for [TYPE] under CPR [NUMBER]’ Be appropriately formal –
suggest or submit points vs. do not give your opinion/ emotions
refer to the client as the applicant, D or C, or client but do not refer to them as ‘we’!
3. Check that the Master has the application notice,
wear ‘business dress’ and treat it as a ‘real’ court hearing
‘Master, I trust you have a copy of the application notice [and witness statement]’
Be persuasive
‘Can I hand you a chronology?’
4. Summarise the background in a couple of sentences, i.e., short chronology of 4-5 key dates.
‘May I make [NUMBER] introductory points before turning to my submissions on [MATTER]’.
‘May I provide some background information to the application first.’
e.g., who the parties are, what they claim is about (if BoC – think about duty, breach), why the interim
application is being made.
!/!:
‘May I refer you to the chronology to see the steps taken so far in this action’
1 minute
5. Opening submissions.
o Number them and signpost them to the Master,
‘I have [NUMBER] submissions in support of this application’
‘My first submission pertains to….’
o Set them out depending on the tenants of the law, i.e., if summary judgment, set
out the limbs, e.g., D will successfully defend the claim.
o Consider the order in which you make the submissions, i.e., chronological or
prioritising certain submissions based on strongest first
o Make appropriate references to the CPR, i.e., rule number, relevant part of the
rule, apply the rule to the facts of the case and overriding objective, i.e., ‘Master,
in accordance with the overriding objective, you must deal with cases justly. I
would submit that it would not be just if the applicant was not allowed to
prepare a defence in this matter.’
o Do not refer to case law
‘Master those are my submissions’
3 minutes
!/!: do not appear to rely on detailed notes as it affects spontaneity.
!/!: lead the Master through your submissions, referring to any documents necessary.
Be careful to abide by the CCS, esp. the duty in CCS 1.4. to not mislead the court
If in the assessment, you are unsure about some facts, you must not make instructions up but should instead tell the Master that you do not have instructions and will need to seek them from your client.
Solicitors often given undertakings which must not be given lightly. When they are given, they must:
be drafted in a S (specific), M (measured), A (agreed), R (realistic) and T (timed) way and
be performed within an agreed timescale or within a reasonable time (CCS 1.3). Failure to do so can be a serious disciplinary offence
Interim application
SGS + assessment relates to an extension of time for filing a defence.
!/! no requirement to discuss the merits of the case in this type of application.
In an application for an extension of time, consider:
is it the first time that an extension of time is sought?
would the parties be entitled to agree this extension of time without bothering the court under CPR 15.5? has this been attempted?
is the amount of time asked for appropriate in light of the reason given?
have there been previous extensions given?
is the reason for the extension being required convincing?
o Convicing = Co MD in hospital and couldn’t confirm instructions
o Not convincing = Co MD would soon be on holiday
Think about the overriding objective, compliance with Pre-Action Protocols
Structure criteria Marks Total
available
Content of introduction (summarising facts) and opening submissions. 25
1
2 Structures arguments effectively. 20
3 Appropriate application of the CPR 5
Performance criteria Marks Total
available
4 Reliance on notes. 15
3
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