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05 September 2013 / Sir Geoffrey Bindman KC
Issue: 7574 / Categories: Advocacy , Features
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The Erskine example

Do we need great advocates, asks Geoffrey Bindman QC

The drive to cut costs is threatening to undermine our adversarial system and give judges a more inquisitorial role (see my article “Justice in the balance”). Indeed, the belief that advocacy in court is the primary legal skill, which used to dominate the English legal profession, may be on the way out.

As dispute resolution adopts different forms and emphases, the gladiatorial method of legal combat is looking increasingly old fashioned. Yet great advocates in the past did much to establish the best features of our legal tradition, most of all its independence and selfless commitment to the client’s cause. The public acclaim bestowed on their forensic triumphs gave them the celebrity status known today only to the entertainment industry. Their example helped to educate the public to respect the rule of law and the ethical standards of its best practitioners.

Thomas Erskine was a heroic example. He was born in 1749, son of the 10th Earl of Buchan, an impoverished

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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