header-logo header-logo

01 April 2010 / District Judge Monty Trent
Issue: 7411 & 7412 / Categories: Opinion , Profession
printer mail-detail

The old days

I was infected with the litigation “bug” well over 40 years ago and have watched in fascination from both sides of the Bench as advocacy styles have changed. Yet one skill endures—the art of persuasion.

I was infected with the litigation “bug” well over 40 years ago and have watched in fascination from both sides of the Bench as advocacy styles have changed. Yet one skill endures—the art of persuasion. Whether a reluctant judge is being moved to make an unpopular decision or a witness being coaxed into remembering what really happened or accepting the implausibility of their evidence, there is nothing to touch it.

However, many of the other skills we enjoyed in the past are no longer required. In the civil arena, gone are the agonies of extracting evidence from a terrified witness during a protracted examination in chief under the glare of a cold judicial stare. Instead, all an advocate has to do is ask his witness to identify their signature on a written statement and hope they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll