by The Honourable Mr Justice Jon S Sigurdson

In the five years that I have been on the bench I have had the privilege of hearing counsel in civil and criminal cases throughout the province. It is to state the obvious that lawyers with excellent advocacy skills frequently achieve good results for their clients.

Assuming that fundamental starting point of a well-prepared and organized case, the skilled advocate is the one who presents it in its best possible light to the judge or jury. This advocate provides a clear opening statement, cross-examines effectively and persuades in final argument. The experienced counsel is usually at ease, deals courteously and professionally with his or her opponent, copes smoothly with unforeseen events and maintains the confidence of the court.

How do new counsel develop these skills? Few lawyers are born with them. Some advocacy skills can be learned from books. Most good counsel, however, have developed and honed their advocacy skills through experience and practice. That I think is because litigation generally deals with human problems and human nature, where experience is the best teacher.

My recommendation to any relatively new lawyer or articling student wanting to do barrister’s work is to get as much experience as possible, as early as possible, in her or his career. Most good litigation lawyers did not develop their skills on their own. Young lawyers should try to work with senior lawyers of good reputation and observe different lawyers handling different problems and situations. It is critical not only to frequently attend court as an observer to watch good lawyers arguing appeals, cross examining experts or making closing arguments, but also to actively participate as juniors in appeals, trials, before tribunals and in arbitrations.

How do new advocates get that experience? If it is not available in your firm or you are practising alone, you should contact senior counsel in your community and volunteer to assist in cases even if any fees are nominal. Young lawyers should take all reasonable opportunities to practice their advocacy skills or participate in litigation. Firms should encourage young lawyers or students to junior on trials or appeals even if the file will not bear all of the lawyers’ hourly charges.

Although some might believe that my suggestions are unrealistic in today’s law firm economy which demands early financial productivity, I believe that any short-term economic loss to a firm or young counsel by taking on non-remunerative work will provide the long-term benefit that experience provides to effective advocacy. Clients generally want experienced lawyers. Working regularly with competent counsel is an excellent starting point to providing lawyers with the experience they need to develop good advocacy skills. It is not only that, however. It is virtually the only way in which such skills will be acquired.

After observing and working with other lawyers you will ultimately do it your own way. No two advocates are the same but they all share the characteristic of being persuasive. That is what advocacy is all about.

This article was published in the April 1999 issue of BarTalk. © 1999 The Canadian Bar Association. All rights reserved.