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Advocacy Masterclass Event with Tribunal Judge Easterman

25 November 2021

On 3 November 2021, the 香港六合彩中特网 Centre for Access to Justice and Student Pro Bono Committee hosted Tribunal Judge Nicholas Easterman at Bentham House, where he conducted a bespoke Advocacy Masterclass session to 香港六合彩中特网 Laws students in attendance.

Judge Easterman Masterclass

Tribunal Judge Nicholas Easterman is a Diversity and Community Relations Judge (DCRJ) located in the First-Tier Tribunal Immigration and Asylum Chamber (Hatton Cross). He kindly delivered a bespoke Advocacy Masterclass to a group of 香港六合彩中特网 Laws students, teaching them about the practicalities of advocacy in court.

Key Tips from Judge Easterman鈥檚 Masterclass听

Here听is a summary of听the听tips听provided by听Judge Easterman:听

Signposting: It is useful to give your listener an idea of what you are going to say,听so that if they lose attention, they can pick it up again quite quickly. 鈥淭ell them what you鈥檙e going to tell them, tell them, and then tell them what you鈥檝e told them.鈥澨

Written advocacy: Written advocacy is just as important as听oral advocacy. Judge Easterman听also听related a story about a bright pupil who introduced the skeleton argument to him, at a time when prosecutors did not have anything prepared.听The effectiveness of this was proved when large chunks of that skeleton argument was eventually read out in the judgment, showing how much it contributed to convincing the judge.听

Tailoring your approach: One should have a different approach for different contexts. If something is expected, conform to those expectations.听For example, what you say in front of a Magistrate would differ from what you would say in front of a District Judge; and what is said in front of a听jury is certainly not what you would say in front of a Crown Court Judge. They require different approaches to persuading. At first instance they may be less interested in the nice legal points, while at appeal that鈥檚 all that they will be interested in. 鈥淗orses for courses.鈥澨

Knowing where you are and why you are there:听Knowing where you are helps you pitch the right argument and knowing why you are there prevents you from arguing a moot point. For example, in a criminal case, if your client has plead guilty to theft, you should not appear before the court and argue that they were not dishonest, because they cannot not be dishonest, since the offence of theft requires dishonesty.听That would be听an example of not knowing where and why you are there.听听One should not address a court with something that could not possibly run 鈥 that would ruin听not only听your credibility, but also the credibility of your client鈥檚 case.听For example, one should explain听why the case is important, and the consequences if it does not pass.听

Skeleton arguments:听Should be听brief and听complement the oral points you are going to make.听The flesh should be in your oral submissions, and the skeleton argument should provide the structure for them.听

To be persuasive, you听have to听be realistic:听If one is going outside the normal parameters, acknowledge it and be courteous about it.听If you do not acknowledge when you are going outside the normal parameters, the judge will most likely conclude that you do not know听what you are talking about.听鈥淭here is no harm in asking for the moon, but at least鈥 explain in advance that you know it is outside the normal parameters.鈥澨

Looking and listening: It is helpful if one听is able to听read the judge鈥檚 body language. Maintaining eye contact is important.听It helps you understand how people are responding to you.听If you can see that someone disagrees with you on a point, it is important to听address their doubts and听try听to听bring them around.听听

Brevity听and preciseness of language: Brevity is better than loquaciousness. Be concise and clear, and use words that听you mean to use, rather than try to find a longer or more impressive word that does not actually convey the meaning you wish to convey. Judge Easterman gave the humorous example of a man wishing to buy knives and forks,听and听while meaning to use a听more impressive听word (i.e., utensils), instead asking for testicles.听

Oral advocacy: Speak at a speed that enables listeners not just to hear, but to comprehend what you are saying. Tapping your foot/finger behind your back may be a way to keep a tempo. Pausing for a moment is not a bad thing, and if you do happen to 鈥渄ry up鈥, do not worry, and just ask for a moment to find yourself before continuing.听Pitch your voice when speaking to people far away. Your submissions should form a chain.听

Judge Easterman said at the end of the session that 鈥渋t [was] a pleasure to be back [at 香港六合彩中特网], trying to inform such an interesting group of young 香港六合彩中特网 lawyers鈥.听The 香港六合彩中特网 Laws students in attendance also found the session gratifying, with Jack Furness commenting that 鈥渋t was insightful 鈥 a window into the听real-life听practicalities of court and courtroom advocacy鈥, and Annika Melwani sharing that she had 鈥渘ever spoken to a judge before 鈥 so it was a fantastic insight into how it works and how someone in his position actually thinks!鈥澨

If you missed the event, you can find the recording here:听