Getting on the wrong side of the judge is never wise. Who better to advise on how to avoid annoying a judge than judges themselves?. High Court judge Master Victoria McCloud asked judicial colleagues if they had any practical tips she could share during her keynote address at the Junior Solicitors Network summit last week.
One judge said: ‘Be concise. Be helpful. The initial “who is this child?” wears off when they know you have done the work.’
Another judge said: ‘Listen to the judge. Do not assume you are being criticised if you are being given a hard time.’ McCloud explained that if a lawyer is being challenged, they are probably being challenged to provide the judge with material to back their argument.
On witness statements, McCloud said: ‘Put it in a nutshell to start off with. “This is what I’m going to say and what I’m going to conclude.” Please use headings. Imagine you’re speaking to someone. The judge will want to know the gist pretty quickly.’
The most common mistakes that junior lawyers make? ‘Skeleton arguments that are not skeletal enough.’ Obiter, who has to read plenty, agrees.
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