The Gazette 1975

The Solicitors Apprentices Debating

Society of Ireland

S.A.D.S.I. I NAUGURAL

The 91st Inaugural Meeting of the Solicitors'

Debating Society of Ireland was held in the Library of

Solicitors' Buildings on Friday, 7th March, 1975. When

the President, Mr. Osborne, took the Chair, the Record

Secretary, Mr. Niall Sheridan,

read a

personal,

humourous and somewhat defamatory account of the

previous meeting. The President then presented Medals

as follows: -

Oratory

Incorporated Law Society's Gold Medal,

Brian O'Reilly; Incorporated Law Society's Silver

Medal, Paula Scully and David Leon.

Legal

Debate

President's Gold Medal, Brian

O'Reilly; President's Silver Medal, Paula Scully.

Impromptu

Speeches :

Vice-President's Gold Medal,

Sheila Lynch; Vice-President's Silver Medal, Owen

O'Connell.

Irish Debate

: Society's Parchment, Ciaran McCarthy.

First Year Speeches:

Society's Silver Medal, Ciaran

O'Mara.

Replica of Auditorial

Insignia:

Michael Staines.

The Auditor, Mr. Brian O'Reilly, B.C.L., then read

his Inaugural Address entitled "Out of the Mouths of

Lawyers".

The rifle is to the soldier as the scalpel is to the

surgeon and the drawing board to the architect or

the engineer as the mouth is to the the lawyer. The

mouth of the lawyer is a means of achieving his liveli-

hood, yet let me not be accused of the admission that

the lawyer has no brains with which to work. The brain

commands the mouth and it is my intention to prove

here tonight that both work efficiently together.

The main task of the lawyer be he solicitor or

barrister is that of persuasion. The solicitor will, in his

professional days be required to convince judges, juries,

arbitrators, unwilling clients, company members and

directors and indeed other solicitors.

Thus we see that advocacy in the broadest sense

of the word extends far beyond the mere spoken word.

Advocacy for the Lawyer includes all acts from the

first meeting of the Solicitor with the client, through

briefing Counsel for an opinion, as well as drafting,

settling and issuing proceedings, and negotiations

Tor a settlement, preparation for proofs, interviewing

witnesses and ultimately the presentation of the case in

Court. Thus we are presented with two parts—the pre-

paration stage and the presentation stage. Which is the

more important? With the biographies of the great

advocates of the past we are left with a clear impression

that the ultimate success rested wholly upon their

consumate skill and eloquence. Impressive witnesses

were broken in the witness box by no more than a

series of brilliantly contrived questions.

T o these great advocates of the past and indeed to

many of the present subscribers to the Bar Library

presentation

is considered

the, more

important.

However, consider, if you will, the sight and indeed

the plight of an advocate addressing a tribunal without

proper information at his disposal. We always envisage

the great advocrtc as a silver tongucd hero ccunfoun-

ding the evil minded perjurer under cross-examination

as he crumbles before a barage of confusing yet highly

decisive questions. However, ask yourselves could our

advocate hero put as much as one question in cross-

examination if he had few facts on which to rely.

David Napley gives us a series of powerful examples

of this and I refer particularly to the Rhyl Mummy

case in 1960. The facts are as follows:-

The mumified body of Mrs. Knight was found in the

closet of the Defendant's home with a stocking tied

tightly around her neck, so tightly in fact that it had

caused a 2 cm. groove in her neck. It seemed prima

facie that the Defendant had applied a ligature to the

victim thereby choking her and hid the body in the

closet. Her Solicitor and doctor were tireless in their

investigations

to prove

their client's

innocence.

Eventually they introduced evidence to show that the

so called victim was in the last stages of disseminated

sclerosis and that an old custom existed in that area

of tying a stocking around the neck when ill as a matter

of achieving relief from sore throats and colds. Expert

evidence was introduced to show that what in fact

happened was that the body gases reacted after death

to cause the neck to swell thus causing the groove in the

neck. The Defendant testified as having found Mrs.

Knight dead, and she put her in a closet so as to collect

her old age pension. On the fifth day of the trial the

prosecution withdrew its allegation of murder. This

is only one example of the importance of preparation.

Efficient preparation which manifests itself at the

presentation

stage

will,

win

the

admiration

of the tribunal. Lack of preparation particularly in the

lower courts will be clearly evident as soon as the

advocate arrives in the court. There will be a great

flurry of documents as the advocate attempts to put the

briefs in order. It is at this moment that they disappear

onto the floor as the advocate sweeps his hands around

the table. It is hardly likely to endear him to the

tribunal if the first view, the advocate presents of him-

self is a rather shiny patch on the back of a pair of

well worn trousers.

Anyone who has never arranged Proofs for a Court

hearing will appreciate the importance of the prepara-

tion stage in a case. Preparation marks the dividing line

between the pedestrian lawyer and the exceptionally

talented one. The ideal combination in any case is to

have a brilliant Solicitor who would prepare his briefs

and proofs with untiring endeavours and a clear minded

barrister who can, when preparing opinions, settling

documents, and advising on proofs, see the whole case

unfolding as far as the presentation stage

The Solicitor should not need advice on proofs

to arrange his proofs. He should in fact have all his

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