Advocacy is hallmark of a good lawyer
Dr. Carol Bishop (right) presenting the trophy for the Prof. Aubrey Bishop Annual Moot Competition to law students Sherrie Hewitt and Kevin Morgan
Dr. Carol Bishop (right) presenting the trophy for the Prof. Aubrey Bishop Annual Moot Competition to law students Sherrie Hewitt and Kevin Morgan

– AG Nandlall tells moot Court Guyana

A GREAT lawyer is always remembered for his or her advocacy, was among the advice offered to University of Guyana Law students by Minister of Legal Affairs and Attorney General, Anil Nandlall, at the opening of Moot Court Guyana, themed ‘Sermons Nostri Fortitudo Nostra’ (words are our strength).

The minister, delivering the feature address which focused on advocacy, said that it brings together a host of issues that encompass a variety of topics. “Experience, knowledge of the law, the way you speak, enunciation, dress, mannerisms, the idiosyncrasies of the tribunal before whom you are appearing and a whole host of issues, make it virtually impossible for any person to stand and speak, for a finite period of time, to the question of

Justices Simone Morris Ramlall and Prof. Duke Pollard (CCJ) in discussion as they judge an exhibition during the launch of Moot Court Guyana
Justices Simone Morris Ramlall and Prof. Duke Pollard (CCJ) in discussion as they judge an exhibition during the launch of Moot Court Guyana

advocacy in the courts”.
He expressed his firm view that there are some born advocates and others are made. “A born advocate feels, as soon as he walks into a courtroom, he feels that this is his natural habitat, he feels comfortable, he is not intimidated by the judge or by the jury. That comes naturally to a few persons, not to say that others can’t inculcate it. It has been done and all the books written on advocacy tell you the distinction between the natural advocate and the ones that are self-made”.
Advocacy begins outside of the courtroom with preparation of the case, Minister Nandlall stated, adding that it is not a bluffing exercise.
“Flowery language, fancy floral expressions will not impress a competent judge. You have to give substance to whatever you say, whatever submissions you are articulating, whatever points you’re punctuating; it must be grounded in substance”.

(Front row, from left) UG Law Faculty Head Sheldon Mc Donald, Justice Navindra Singh, Attorney General and Minister of Legal Affairs Anil Nandlall and law students at the launch of Moot Court Guyana
(Front row, from left) UG Law Faculty Head Sheldon Mc Donald, Justice Navindra Singh, Attorney General and Minister of Legal Affairs Anil Nandlall and law students at the launch of Moot Court Guyana

Advocacy is simply the art of persuasion and is about convincing the tribunal that you have a better story than the other side, said the minister. “Your task is to persuade the tribunal that your case, that your client’s case is more meritorious and should be believed, over and above, that of your adversary. Anything therefore that would help you to achieve that objective is important”. The manner in which lawyers dress, when appearing before the court is important, he reminded the students, pointing out that “loud colours offend court etiquette”. He opined that long before a successful lawyer achieves success, he or she dresses to look successful.
Language, which the minister described as the tool of the advocate, is also important. “If you are not fluent in the language, your advocacy is not possible”. He observed that while there is movement in the courts, away from oral to written submissions, until the process is completed, “fluency of language is your most effective tool you have to know; pronunciation, enunciation, modulation of voice, intonation, all of these things you have to know. They help you”.
Nandlall said studies have shown that persons are only convinced by one-third of what is said, while two-thirds depend on the manner in which it is said. Hence body language, emphasis, and reading presentations that can be easily followed are essential. Students were also advised to maintain eye contact with tribunals to build a person contact with them, as this was also necessary in order to achieve success.
Students were also encouraged to be courteous and be skilled enough to use language that persuades the court, not to “direct it”.
Minister Nandlall also stated that at no time should any lawyer seek to correct an erring judge in his or her courtroom as this was counter-productive and the procedures that allow for this should be followed. Giving some examples of local advocates, he cited the late Attorney General Doodnauth Singh, S.C., and former President Linden Forbes Burnham, also a lawyer, who were skilled orators, known for their court room craft and advocacy skills. He also called on the law students to read several publications of advocacy.
The students were reminded of the need to follow accepted British court room procedures and not seek to emulate those of the Americans, such as those viewed in television crime dramas, as these were scripted for entertainment purposes. The Attorney General also urged them to learn the idiosyncrasies of local judges and be mindful of their likes and dislikes when appearing before them.
In closing, Minister Nandlall congratulated the students and lecturers of the UG Law Faculty for what he described as a welcomed initiative and advised that they employ ‘mock trails’, previous cases, courts visits and research to improve their advocacy skills in the future.
The event, held at the university’s Education Lecture Theatre, was a prelude for the launch of the Professor Aubrey Bishop Annual Moot Competition which formally begins in September this year. The late professor and former UG Law Department Head, served Guyana and the Caribbean with distinction as senior counsel, Chief Justice in 1994 and Chancellor of the Judiciary in 1996. He was also a member of the Caribbean Court of Justice’s Regional and Legal Services Commission and awarded with the Cacique Crown of Honour and the Order of Roraima. The trophy for the upcoming competition was formally handed over by Dr. Carol Bishop, the widow of the late Chancellor.
In brief remarks, the Law Faculty’s Head of Department Mr Sheldon Mc Donald, said the event was just a part of efforts underway to improve the faculty.
He also informed the audience that the decision has been made to resuscitate the Masters and Diploma programmes in legislative drafting.
A moot exhibition case, which was determined to be a draw, was held with law students, Sherrie Hewitt and Kevin Morgan opposing each other, for judgment by Judges Simone Harris Ramlall and Professor Duke Pollard (CCJ).
According to the law faculty, the Moot Court Guyana emerged from the consensus that advocacy skills are crucial to students seeking to master the benefits of the Legal Education Certificate, along with the fact that those attending inter-national moot competitions are in need of the requisite exposure at domestic forums to sharpen their advocacy skills.

(GINA)

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