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Acquiring the tools

Last week in QC blog I talked about Sir Basil Markesinis QC, who taught me at university. It made me think about even earlier influences and how they were important.

This is important for any aspiring lawyer to bear in mind. What you are doing in terms of debating, or public speaking of any sort, or learning to express yourself vividly and concisely, are all key components of that which can mould you one day into a successful advocate.

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Lord Denning

Lord Denning, that most distinguished of lawyers, always held the belief that any lawyer needed to read widely, including great works of literature. This would help give him absolute command of his most important tool, use of language. Winston Churchill (who was no lawyer but second to none as an orator) had the same view of the importance of language. In a linked context, the former Prime Minister Harold Wilson used to say that any politician needed a good sense of history. (A number of more recent examples who could well do with that spring readily to mind).

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Logic

In addition law is about logic, and the application of that to relentless but persuasive argument. That is true whether the topic is complex or simple. It is true whether you're making a speech or cross examining a witness. In each occasion you are trying to drive home the point, and use the right words to get that point across in the circumstances.

Thus for the aspiring lawyer those who teach you how to research, how to think, and how to apply yourself to difficult problems, are all helping to mould you into the lawyer you wish to become. That is equally true whether the topic be literature or physics, science or history, mathematics or classics. Added to that is the need to be able to use the language appropriately in the circumstances.

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Right tool for the right job

This does not mean flowery language. Some advocates speak as if pursuant to a bet that they can get as many long words as possible into their speech. Use of language should always be economical and suited to the circumstances. The position should be compared to a talented footballer. There will be occasions when fancy footwork, or skill, or dramatic passes are required. In others the simple pass will be the most effective. Complex or simple, someone who is interested in being effective as a footballer rather than showing off will do the appropriate thing at the appropriate time. It is the same with an advocate. Words are tools, and you use the right tool for the right job.

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Influences

You might be surprised to consider the ways therefore in which different people can influence you and help you. Sometimes they are people who you knew were helping you at the time, but perhaps helped you rather more and in rather different ways than you realised. In other instances they might be people who at the time you felt were being positively objectionable, but with the benefit of hindsight you realise were actually helping you. I shall refer to both types in QC blog next week.

In the meantime, if you are an aspiring advocate who is either at school or university, bear in mind that at the moment the person you regard as your least favourite teacher or tutor could be, longer-term, the one you think has helped you the most.

Michael J. Booth QC