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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll