First Lesson of Advocacy: Make an Impression on the Judge

A judge's experiences at the beginning of his career have stood him in good stead and shown him the way forward in treating juniors. This includes not scolding any lawyer when they corrected him, thanking and appreciating them, and recusing himself if he ever lost his temper in a case, writes JUSTICE YATINDRA SINGH (RETD.)

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QUINTIN Hogg was a British barrister, a Conservative politician, and later Baron Hailsham of St Marylebone. He also served as the Lord Chancellor. He wrote his memoirs in the book, "A Sparrow's Flight – Memoirs".

Lord Wilfrid Arthur Greene was Master of the Rolls and known for his work in the field of administrative law. He formulated two important principles: the Wednesbury doctrine of reasonableness (Associated Provincial Picture Houses Ltd Vs Wednesbury Corp (1947) 2 All ER 680) and the Carltona doctrine that says that the duties imposed upon ministers and the powers given to them are normally exercised under the authority of the minister by responsible officials of the Department (Carltona Ltd Vs Commissioners of Public Works (1943) 2 All ER 560).

Memorable Memoirs

In his memoirs, Hogg talks about a useful lesson learned from Lord Green over dinner.  At that time, he was an inexperienced junior at the Bar.

"GREEN: Supposing you were instructed in a case where you had two points to argue, both of them bad, but one worse than the other, which would you argue first?

Hogg: I suppose I would argue the less bad of the two.

GREEN: Quite wrong. You must argue the worse, and put your very best work into it. Eventually, they will drive you into a corner, and you will have to admit defeat. You will then say,

'My Lords, there is another point I am instructed to argue. But I am not quite sure how to put it.' And you will then put the better of the two arguments, but not quite as well as it could or should be put.

(After a little while) One of the old gentlemen on the Bench will interrupt you. He will say, But surely Mr. Hogg, you might put it in this way. And he will put it exactly as you really ought to have put it in the first place. At that stage, you will lay your papers on the desk before you. You will raise your eyes to the ceiling. And, in an awestruck voice, you will say, 'Oh, My Lord, I do believe…' And then you will be at least halfway into winning your case."