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GAZETTE
JANUARY 1989
much less likely to be effective than
to speak from notes: the lawyer
appearing before the European
Court is still there as an advocate
and a few strong submissions will
catch the attention of the Court,
attract the waiverers, and maybe
shake those who have already
formed their preliminary view to the
contrary on the basis of the written
pleadings. This remains true even
if many Members of the Court are
listening in translation so that they
may only receive what is said
seconds or minutes after it has
been said by the advocate. The
interpretation is of very high quality.
Short sentences, clear language
and a moderated speed are,
however, vital, not for the
convenience of thé interpreters, but
for the communication and
understanding of the arguments in
the case. English lawyers have the
advantage that most Members of
the Court understand English —an
advantage not enjoyed by the
Greek, Danish or Portuguese
advocate — and they can risk
idioms, even the occasional
humorous remark, so long as they
bear in mind that idioms and jokes
do not always translate easily.
This does not mean that counsel
must drop down to the slowest
possibly speed of speaking — even
if they know that they are being
interpreted into other languages. To
my mind, what is predominantly
important — and few advocates
seem to have realised this — is to
pause between sentences so that
the interpreter can catch up. A
sentence at normal court speed
with a pause is more effective than
a slow drawl without a break. Stick
to the time limits, emphasise,
develop or amend those arguments
which have been set out in the
report for the hearing, hammer
home any point which may not
have appeared fully enough in the
report for the hearing.
British counsel have established
a high reputation as advocates —
not just with those of us who are
anglophone, but generally — and
their court experience gives them
a strong lead over others who lack
such experience
in
other
jurisdictions. They can have a major
effect on the decision by their
presence at the oral hearing — and
it must not be forgotten that the
judges are human, so that the old
saying "the higher the court the
better the jury point" has some
force so long as the argument does
not become over-histrionic or
emotional.
Where I think English counsel
have really triumphed is in question
time. They are used to being
interrupted and can cope with
questions even during their
speeches. This does not happen
frequently before the full Court
since if one Member begins the
others may follow and the hearing
becomes disorganised — it does,
however increasingly happen
before a chamber of three judges.
Questions used to be asked after
the speeches in reply; now more
commonly they are asked after the
first round of speeches so that the
second speech can be shorter if
indeed it is necessary at all.
Answering questions crisply and
firmly can do much to win a case
— all too often lawyers go back to
their text or seem incapable of
dealing with the question, largely
because they are apparently not
used to the process.
For this purpose it is important,
and by no means always done, for
counsel to have immediately at
hand the exhibits for the case and
more particularly the relevant
legislation. All too often some
lawyers do not seem to be able to
turn up quickly the relevant
document when asked a question,
all they have is their typed speech.
The English lawyer's training and
experience again stand him in good
stead in this kind of situation.
Saving time at the moment is
regarded as of great importance. It
is for example quite enough to
begin with "My Lords"; a shorter
formula than that adopted and
interspersed frequently by many
Continental lawyers in their speeches
"Monsieur le Président, Messieurs
les juges, Monsieur l'avocat général",
which seems to me always
inordinately time wasting. And
when counsel have said what they
really have to say it is better to stop,
to field questions and, if necessary,
to come back in reply.
•
GAZETTE BINDERS
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FOR YOUR DIARY . . .
17 February, 1989
Solicitors Apprentices Rugby Club.
Match v. English Law Society.
2.30pm. U.C.D., Belfield. (Beside
Sports Centre.)
17 February, 1989
Continuing Legal Education Seminar.
Company Law.
Consultants: Paul J. G.
Egan, Solicitor and Michael G. Irvine
Solicitor. Blackhall Place, Dublin'
9.30am - 5.30pm.
23 February, 1989
Medico-Legal Society of Ireland.
The
pros and cons of screening for women
Speaker: Dr. Peter Skrabanek, Dept. of
Community Health, Trinity College,
Dublin. 8.30pm. United Service Club,
St. Stephen's Green, Dublin 2.
23 February, 1989
Continuing Legal Education Seminar.
The Legal Receptionist,
(for Reception-
ists). Metropole Hotel, Cork. 9.30am -
1.00pm.
23 February, 1989
Continuing Legal Education Seminar.
The Legal Secretary,
(for Secretaries).
Metropole Hotel, Cork. 2.30pm - 5.30pm.
23 Febraury 1989
Continuing Legal Education Seminar.
Co-Ops.
Consultant: Eugene McCagne,
Solicitor. Metropole Hotel, Cork. 7 30 -
9.30pm.
24 February, 1989
Continuing Legal Education Seminar.
Company Law.
Consultants: Paul J. G.
Egan, Solicitor, and Michael G. Irvine,
Solicitor. Metropole Hotel, Cork.
9.30am - 5.30pm.
2 March, 1989
Continuing Legal Education Seminar.
Land Registry Practice.
Consultants:
Barry Lysaught, Solicitor, and Moling
Ryan, B.L., Land Registry.
10 March, 1989
Insolvency Practitioners Association
(Irish Branch) / Law Society. Meeting
at Milltown Golf Club. Speakers: John
Glackin, Solicitor, Frank Sowman,
Solicitor, Ray Jackson (IPA) and Tom
Grace (IPA). 6.00pm - 10.00pm.
Members wishing to attend should
contact Eileen McCormac at the Law
Society. 710711.
30 March, 1989
Medico-Legal Society of Ireland.
DNA
Profiles - the identikit of the Future.
Speaker: Dr. Maureen Smyth, Ph.D.,
Forensic Scientist, Department of
Justice. 8.30pm. United Services Club,
St. Stephen's Green, Dublin 2.
4-7 May, 1989
Law Society Annual Conference. Hotel
Europe, Killarney, Kerry.
Further details on
CLE Seminars
may
be had by consulting the CLE Brochure
circulated with the November
Gazette,
or by contacting Geraldine Pearse at
710711.
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