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Advocacy in Practice by JL Glissan and SW Tilmouth (Book Review) [1999] JSPL 2; (1999) 3 Journal of South Pacific Law

BOOK REVIEW

BY JENNIFER CORRIN CARE

SENIOR LECTURER
SCHOOL OF LAW;
UNIVERSITY OF THE SOUTH PACIFIC

Title: Advocacy in Practice

Authors: Glissan JL and Tilmouth SW

Published by Butterworths: Australia, 1998

ISBN: 0 409 30974 5

pp: 232, xxi

Advocacy in Practice is the third edition of Glissan’s Cross Examination: Practice and Procedure. It is a book by lawyers (both authors are QCs) for lawyers. It assumes a working knowledge of procedure and evidence and is consequently unsuitable for undergraduate students or non-lawyers. This edition takes a different approach to the 1985 and 1991 versions, so much so that the authors regard it more as a new work. Reflecting the increasing time spent by advocates on preparation of written and oral argument, this edition contains a chapter dedicated to preparation and case analysis. The authors have endeavoured to move away from an Australian perspective, concentrating on adversarial techniques that transcend jurisdictional barriers. However, the legislation referred to is all Australian and most of the case authorities cited are Australian or British. Similarly, examples given are largely Australian and certain sections, for instance those on addressing the bench and citing other judges, are written from an Australian perspective.

This book is not, and is not intended to be, a ‘beginners guide’ to advocacy. It is presented in a very different style to the skills manuals available for graduates who are at the start of their legal career. These generally contain simulated case materials for use as a framework for presentation of the skills in question, without which a novice cannot get the best out of the text. Whilst the material is not presented in the context of practical, lifelike situations, the narrative is interwoven with examples, many of which are in a readily comprehensible question and answer form. It is well written, in short, easily digestible sentences. It also contains a large amount of information in a convenient list form.

This book is mainly concerned with advocacy at first instance, but also contains a useful chapter on appeals. It also includes a chapter on etiquette and ethics of advocacy. This covers formal rules of etiquette and behaviour in court and chambers. It also provides a list of ethical principles. The particular duties applicable to prosecutors are also highlighted. Although this list is in broad terms, it serves as a useful reminder of the fundamental principles, which are all too easy to lose sight of under the pressure and demands of advocacy today. The chapter contains a useful section on language, including the following exchange, which is provided as an example of the importance of clarity and simplicity of language, and how slang can sometimes have its uses:

Counsel: Bouncers at this place are pretty keen on giving troublemakers a bit of a hiding aren’t they?

His Honour: Please, Mr Bloggs, could you use the Queen’s English?