File #2740: "2019_Book_SpeakingInCourt.pdf"
Text
1|Table of Cases|6
1|Table of Statutes|9
2|Statutory Instruments|11
1|Contents|12
1|1: Introduction and Structure|14
1|2: Distinguished Advocates, Judges, Classical Learning and Other Influences on Advocacy in the Eighteenth and Early Nineteenth Centuries|26
2|Ferocity and Bitterness|26
2|The Arrival of Eloquence|30
2|Classics and Rhetoric|36
2|Thomas Erskine, His Triumphs and the Morality of Advocacy|43
2|Romilly and Copley|51
2|Advocacy from Ireland|53
2|Jewish Members of the Legal Profession|58
2|William Blackstone, Literature and Poetry|58
2|More Firmer Shape of Stare Decisis|61
1|3: Prohibition Against Counsel in Felony Trials and the Consequences of its Erosion|63
2|Fox’s Libel Act 1792, Defamation and Civil Juries in Scotland: Expanding the Scope for Advocacy|75
2|The Prisoners’ Counsel Act|76
2|Features of Civil Trials|81
1|4: Victorian Advocacy: Emotion, Melodrama, Floridity and Juries|83
2|Juries|87
2|Restrictions on the Extent of Forensic Licence|91
2|Judicial Limitations on the Licence of Advocates|99
2|Scenes in Court and Discourtesy|102
2|Important Changes in Procedure and Evidence Affecting Advocacy in Criminal Trials|110
2|The Removal of the ‘Bloody Code’ and Consequences for Advocacy|113
1|5: Signs of Changes in Styles Before Juries|115
2|Advocates of Their Time|117
2|Signs of Change|126
1|6: Decline of Jury Trials in the Civil and Criminal Courts and Other Key Developments|136
2|Summary Trials Before Magistrates and Their Consequences|140
2|Specialist Statutory Tribunals|142
2|The Judicature Acts 1873–1881 and Their Effects on Advocacy|143
1|7: The Late Nineteenth Century and the Beginning of the Twentieth Century|146
2|Evidence Given by Prisoners and Its Effects|148
2|Rules About Opening Speeches|151
2|Expert Witnesses|152
2|Examination of Witnesses: A Much More Precise Art|154
2|More Documents and Lengthening Civil Trials|160
2|Decline of Classics and Other Former Influences|160
1|8: A Spectacular Quartet of Leading Barristers|163
2|Edward Marshall Hall: A Contrasting Advocacy and Attachment to the Old|173
2|An Assessment of the Advocacy of the Four Leaders and the Influence They Exerted|180
1|9: The Silent Revolution in Methods of Advocacy|183
2|Continued Decline of Jury Trials|190
2|Impact of Leading Members of the Bar|193
2|Sir Patrick Hastings and His Effect on Advocacy|193
2|Norman Birkett|203
2|Factors Influencing the Style of Advocacy That Became Established|206
1|10: Changes and Influences on Jury Advocacy in England and Wales During the Second Half of the Twentieth Century|214
2|Closing Speeches and Perorations|215
2|Democratization of Juries|218
2|References and Quotations|221
2|Peremptory Challenges|226
2|Less Ferocity|227
2|Decline in Weight Given to Police Evidence|227
2|Plea Bargaining|228
2|Social Enquiry Reports and Pleas in Mitigation|229
2|Accommodating Key Changes in Law and Procedure|231
2|Heavy Drinking and Boredom|234
2|More Hastings Than Birkett?|234
2|Advocacy in Defamation Cases: A Remnant of an Earlier Age?|236
2|Further Considerations|237
1|11: Developments in the Second Half of the Twentieth Century Influencing Advocacy in the Civil Courts|238
2|Availability of Legal Aid|238
2|Relaxation of the Rules Against Hearsay Evidence|239
2|Less Angular Judges|240
2|Changes in Civil Procedure and the Transformation of Advocacy|241
2|The Picture Before Reform|241
2|Changes Begin to Occur|243
2|The Woolf Report, the New Civil Code and Stages in a Usual Trial|245
2|Combined Impact on Advocacy|247
2|The Tradition of Oral Advocacy Under Threat?|252
2|Decline of Allusions in Advocacy to the Classics, Poets, History and Latin|258
2|Changes in Advocacy in the County Court|262
2|The New Realities and Clients’ Perceptions of Advocacy|263
2|Conditional Fees and Behaviour in Court|264
2|Litigants in Person|265
2|A Specialist Form of Advocacy: Mediation and Collaborative Law|268
2|Greater Use of the Welsh Language|269
1|12: The Teaching of Advocacy: An Important Influence|271
2|In Sir Patrick’s day|271
2|Formal Advocacy Instruction for Bar Students and Barristers Early in Their Careers|274
2|Advocacy Training for Solicitors|279
2|Fellows of the Institute of Legal Executives|281
1|13: Appearances: Broadcasting and Dress|283
2|Broadcasting of Court Proceedings|283
3|The Road to Change|284
3|Views and Opinions on the Effects of Court Cameras on Advocacy|288
2|Dress in Court|293
3|Wigs and Gowns|293
3|The Niqab and Burqa and Advocacy|295
1|14: Developments with Consequences for Advocacy|299
2|Rights of Audience|299
3|Barristers and Solicitors: The Present Position|300
3|Calls for a Greater Role for Solicitors and the Granting to Them of Higher Rights of Audience|300
2|Higher Rights and Large Firms|308
3|Advocacy and the Crown Prosecution Service|310
3|“Lower Rights of Audience” for Lay Prosecutors in the Magistrates Court|315
3|Extended Rights of Audience for Fellows of the Institute of Legal Executives|319
3|Quality Control of Advocacy|320
2|New Technology|323
3|Reception of Technology in the United States|325
3|As Yet, More Limited Use in England and Wales but Future Great Impact Predicted|328
4|Impact on Jurors|329
4|Dangers of Internet Research by Jurors to Integrity of Trials|331
4|Artificial Intelligence and Advocacy|332
1|15: Some Conclusions|334
1|Bibliography|339
2|Books, Pamphlets and Papers|339
2|Journal Articles|351
2|Newspapers and Journals|355
1|Index|357
1|Table of Statutes|9
2|Statutory Instruments|11
1|Contents|12
1|1: Introduction and Structure|14
1|2: Distinguished Advocates, Judges, Classical Learning and Other Influences on Advocacy in the Eighteenth and Early Nineteenth Centuries|26
2|Ferocity and Bitterness|26
2|The Arrival of Eloquence|30
2|Classics and Rhetoric|36
2|Thomas Erskine, His Triumphs and the Morality of Advocacy|43
2|Romilly and Copley|51
2|Advocacy from Ireland|53
2|Jewish Members of the Legal Profession|58
2|William Blackstone, Literature and Poetry|58
2|More Firmer Shape of Stare Decisis|61
1|3: Prohibition Against Counsel in Felony Trials and the Consequences of its Erosion|63
2|Fox’s Libel Act 1792, Defamation and Civil Juries in Scotland: Expanding the Scope for Advocacy|75
2|The Prisoners’ Counsel Act|76
2|Features of Civil Trials|81
1|4: Victorian Advocacy: Emotion, Melodrama, Floridity and Juries|83
2|Juries|87
2|Restrictions on the Extent of Forensic Licence|91
2|Judicial Limitations on the Licence of Advocates|99
2|Scenes in Court and Discourtesy|102
2|Important Changes in Procedure and Evidence Affecting Advocacy in Criminal Trials|110
2|The Removal of the ‘Bloody Code’ and Consequences for Advocacy|113
1|5: Signs of Changes in Styles Before Juries|115
2|Advocates of Their Time|117
2|Signs of Change|126
1|6: Decline of Jury Trials in the Civil and Criminal Courts and Other Key Developments|136
2|Summary Trials Before Magistrates and Their Consequences|140
2|Specialist Statutory Tribunals|142
2|The Judicature Acts 1873–1881 and Their Effects on Advocacy|143
1|7: The Late Nineteenth Century and the Beginning of the Twentieth Century|146
2|Evidence Given by Prisoners and Its Effects|148
2|Rules About Opening Speeches|151
2|Expert Witnesses|152
2|Examination of Witnesses: A Much More Precise Art|154
2|More Documents and Lengthening Civil Trials|160
2|Decline of Classics and Other Former Influences|160
1|8: A Spectacular Quartet of Leading Barristers|163
2|Edward Marshall Hall: A Contrasting Advocacy and Attachment to the Old|173
2|An Assessment of the Advocacy of the Four Leaders and the Influence They Exerted|180
1|9: The Silent Revolution in Methods of Advocacy|183
2|Continued Decline of Jury Trials|190
2|Impact of Leading Members of the Bar|193
2|Sir Patrick Hastings and His Effect on Advocacy|193
2|Norman Birkett|203
2|Factors Influencing the Style of Advocacy That Became Established|206
1|10: Changes and Influences on Jury Advocacy in England and Wales During the Second Half of the Twentieth Century|214
2|Closing Speeches and Perorations|215
2|Democratization of Juries|218
2|References and Quotations|221
2|Peremptory Challenges|226
2|Less Ferocity|227
2|Decline in Weight Given to Police Evidence|227
2|Plea Bargaining|228
2|Social Enquiry Reports and Pleas in Mitigation|229
2|Accommodating Key Changes in Law and Procedure|231
2|Heavy Drinking and Boredom|234
2|More Hastings Than Birkett?|234
2|Advocacy in Defamation Cases: A Remnant of an Earlier Age?|236
2|Further Considerations|237
1|11: Developments in the Second Half of the Twentieth Century Influencing Advocacy in the Civil Courts|238
2|Availability of Legal Aid|238
2|Relaxation of the Rules Against Hearsay Evidence|239
2|Less Angular Judges|240
2|Changes in Civil Procedure and the Transformation of Advocacy|241
2|The Picture Before Reform|241
2|Changes Begin to Occur|243
2|The Woolf Report, the New Civil Code and Stages in a Usual Trial|245
2|Combined Impact on Advocacy|247
2|The Tradition of Oral Advocacy Under Threat?|252
2|Decline of Allusions in Advocacy to the Classics, Poets, History and Latin|258
2|Changes in Advocacy in the County Court|262
2|The New Realities and Clients’ Perceptions of Advocacy|263
2|Conditional Fees and Behaviour in Court|264
2|Litigants in Person|265
2|A Specialist Form of Advocacy: Mediation and Collaborative Law|268
2|Greater Use of the Welsh Language|269
1|12: The Teaching of Advocacy: An Important Influence|271
2|In Sir Patrick’s day|271
2|Formal Advocacy Instruction for Bar Students and Barristers Early in Their Careers|274
2|Advocacy Training for Solicitors|279
2|Fellows of the Institute of Legal Executives|281
1|13: Appearances: Broadcasting and Dress|283
2|Broadcasting of Court Proceedings|283
3|The Road to Change|284
3|Views and Opinions on the Effects of Court Cameras on Advocacy|288
2|Dress in Court|293
3|Wigs and Gowns|293
3|The Niqab and Burqa and Advocacy|295
1|14: Developments with Consequences for Advocacy|299
2|Rights of Audience|299
3|Barristers and Solicitors: The Present Position|300
3|Calls for a Greater Role for Solicitors and the Granting to Them of Higher Rights of Audience|300
2|Higher Rights and Large Firms|308
3|Advocacy and the Crown Prosecution Service|310
3|“Lower Rights of Audience” for Lay Prosecutors in the Magistrates Court|315
3|Extended Rights of Audience for Fellows of the Institute of Legal Executives|319
3|Quality Control of Advocacy|320
2|New Technology|323
3|Reception of Technology in the United States|325
3|As Yet, More Limited Use in England and Wales but Future Great Impact Predicted|328
4|Impact on Jurors|329
4|Dangers of Internet Research by Jurors to Integrity of Trials|331
4|Artificial Intelligence and Advocacy|332
1|15: Some Conclusions|334
1|Bibliography|339
2|Books, Pamphlets and Papers|339
2|Journal Articles|351
2|Newspapers and Journals|355
1|Index|357