Crunch the Appeal Books

From my interview with Peter Jacobson QC. 

One of the secrets of good appellate advocacy is to “crunch the appeal books”.

You have to be able to get the Court into the material as quickly as possible.

In a typical appeal, there are three or four volumes of appeal books. Most judges now come onto the Bench having at least read the judgment below and the written submissions. But they will often not have read the material in the appeal books.

So as an appellant, the clue is to get the Court to understand the points you want to make. Identify where the Court below was wrong. Show the reasoning process and explain what you say is wrong with it.

Then you need to take the Court to the critical pieces of the evidence in the appeal books. The judges are unlikely to have read the transcript, the exhibits or the affidavits. Show the Bench those parts of the appeal books that are germane to your case.

It’s critical to do this briefly and with the utmost clarity. You don’t run through the judgment below then start reading the affidavits; it’s not a re-run of the trial. You need to articulate the points you contend for and take the Bench to the parts of the material that make out your case.

As a respondent, the Court should have been taken to all the relevant material before you stand up. It’s always a mistake for a respondent to try to go back over it – you will lose the attention of the Bench. 

Instead, you must respond quickly to the material that’s put against you.

As a respondent, you can usually see which way the wind is blowing from the questions given to the appellant’s counsel and the knowing looks of the judges.

You need to zero in and address the concerns of the Bench. Get as quickly as you can to what you think is troubling the Court, or what you think are the good points of your opponent’s submissions.

As appellant, use your advantage

An appellant has the advantage of being able to attack your opponent’s weakness.  Cut them off if you can

For the full interview follow the link to advocacyhub.com.au