BabyBarista: The key to winning – with @TheICLR online

Posted on 4th Sep 2012 in BabyBarista

Two of the pupils had raised the question today as to what it is that really wins a case.

The Busker“Not hiring TheCreep is a good start,” said BusyBody.

“I always make a point of hiring OldSmoothie when UpTights is on the other side. With his arrogance and pomposity he never fails to press her buttons,” said SlipperySlope the solicitor.

“For me it always come down to finding the key to the particular case,” said TheBusker. “It’s there on every single case and it’s just a matter of finding out what it is and where.”

“Like what?” asked on of the pupils.

“Like an inconsistency in the medical records or between one witness statement and another. Or it might be a turn of phrase in the solicitors correspondence which gives away something they were trying to hide.”

“It’s true,” said OldSmoothie. “It’s like there’s the real story and then there’s the story as told by the evidence and usually you need to get behind that evidence to work out what’s really going on.”

“And once you’ve finally got hold of that key then never let go,” said Teflon.

“Particularly in the face of a bad-tempered judge,” said BusyBody. “Sometimes the key can leave a judge facing a result he wasn’t expecting or which he doesn’t like and that can cause a certain amount of er, resistance.” She paused as if re-living a few of the worse moments of judicial resistance. “It’s at those times that you need to make sure that you hold onto the point most tightly.”

“And never ever let yourself be bullied by the other side,” said TheVamp. “When the other side suddenly get personal or overly aggressive it tends to indicate a lack of confidence in their case.”

“What is it they say about there being three things to great advocacy?” said OldSmoothie. “Preparation, preparation, preparation.”

“And I would add a fourth point to that” said OldRuin, “and it involves your choice of . So I’d say, yes, preparation, preparation, preparation and then if you really want to win then always use the.