The Four Ms of Advocacy: Manner (Part 2)

David Bennett AC QC introduced his structure by reference to the Four “M’s”: Milieu, Manner, Matter and Method. 

David’s first point about “Manner” was: don’t move around.

David continues:

Manner

The second issue about manner is how you use your hands. 

First: where you put them. They’re best by your sides if you’re not using them. 

There are certain places where you mustn’t put them. You mustn’t fold them. You mustn’t put them in your pockets - that looks arrogant. Don’t pat your backside with them. The best place for them is by your sides. 

And as far as use is concerned, don’t be rigid. I remember that there was a picture in my year book at Harvard, which showed one of the Harvard professors standing before the class with his two arms stretched out from his sides. The caption said, “Professor X demonstrates the balancing test. Clearly the considerations he has placed in his right hand outweigh those he has placed in his left hand”. 

That sort of use of hands is all right, but it should be gentle and not disruptive.

When you use your hands, don’t have your index finger pointing. That’s quite offensive.

For similar reasons if you’re using your hand a bit, it’s a good idea either to use the hand you don’t write with or to make sure you put your pen down, because, if you are moving your pen around like this, it looks very much as if you’re pointing at the judge which leads to the same sort of problem.

So that’s hands.

This is part of a series of posts containing a speech on advocacy given by David Bennett AC QC, which he has kindly agreed to publish through advocacy hub. Read the full article here on: https://www.advocacyhub.com.au/david-bennett-ac-qc/

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