The Gazette 1989

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. •

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 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. Society. 710711. 30 March, 1989

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