This week I have made some stylistic amendments to the 611 page manuscript of my forthcoming book the 2nd Ed Contentious Probate Handbook. This was also an opportunity to include one or two more tips about advocacy in Contentious Probate hearings and trials. This includes the following brief extract, upon which I would welcome your comments. Over the next 19 days I am completing the writing of a section I have added about ‘Mediation Advocacy Skills.’ I will then re-submit the revised text to my editor for final approval.

‘Sir Nigel Davis KC, who before he became a Lord Justice of Appeal, was one of the author’s pupil-masters at 7 Stone Buildings (which is now Maitland Chambers), said in his parting advice to the author, that everybody has their own style of advocacy, i.e that there is no one way of excelling as an advocate – no magic formula. The author’s personal formula for presenting a persuasive argument is:

(a)            Test a submission by asking yourself  – ‘is what I am arguing obvious, i.e. common sense – does it sound just plain right?’
(b)            As a corollary, ask – ‘is this proposition reasonable?’
(c)            State a proposition in as few words as possible, i.e. be brief and keep it simple.
(d)            Avoid emotion.
(e)            Exude confidence, charm and elegance i.e. be suave, poised, and speak in a mild tone of voice.
(f)             Get the judge thinking.
(g)            Then make it appear that there is only one argument, and that the answer to the argument is obvious. In other words  make it look as if there was never an argument in the first place.
(h)            Become invisible behind the logical force of your argument, i.e. make it appear as if you are not even there, by irresistibly focussing the concentration of the judge on the argument as you state and develop it.
(i)              Speak slowly and with deliberation, so that when you have finished he will say to himself – ‘That argument must be right because it is obvious i.e. what Mr Islam says is plain common sense!’
(j)              Use anticipatory refutation to take the oxygen out of your opponent’s argument before it comes out of his mouth, see above.
(k)             When the judge smells blood – move in for the kill.
(l)              Kill your opponent with kindness. Then stop.’

The image is of the Church of the Knights Templar in the Inner Temple in London. 1EC Barristers is located on the other side at 3 King’s Bench Walk North, in a building which dates back to King Henry VIII. When I was a pupil Barrister I played ‘ping pong’ on the ground floor, which at the time was a junior Barristers’ common room. I did advocate for a swimming pool & health spa, but the Inner Temple were not persuaded. Perhaps I was just too young & foolish? Now, I know better. However, I doubt I can persuade Chambers to chuck out the leather topped antique desks & install a swimming pool/health spa. But wouldn’t that be great!

The highest praise for advocacy/persuasion that I ever received, was at Uppingham School, when a friend of mine said to me – ‘We can’t have you on the House food committee [which made suggestions to the Kitchen Chefs about meals] because we would all end up eating caviar, as you could make a person believe that there is a Pink Elephant standing up in the middle of Leicester Square!’

So, I failed in my attempt to get elected to the House food committee, and yes – we never got any caviar [do I hear you whispering in the background – ‘such a sad story’?]. However, I have never since, been able to walk through Leicester Square, without having a broad smile on my face! Curious & puzzled onlookers are probably thinking out loud – ‘what has he got to smile about – its’ raining!’ What I wonder is whether they can see the Pink Elephant in the middle of the Square! I must remember to point next time.