The Gazette 1975

The Solicitors Apprentices Debating Society of Ireland S.A.D.S.I. I NAUGURAL 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 166

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