Using the iPad in legal practice 2015

Back in 2011, when iPads were still not a familiar sight in our courtrooms, I did a series of posts on using the iPad in legal practice.Since then, I've presented that information in various formats, and converted it into a PDF ideally suited for use on an iPad, with hyperlinks to recommended apps and websites.I …

Continue reading Using the iPad in legal practice 2015

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2: High Court modifies prosecutors duties at sentencing

“No” to prosecution submissions on sentencing range.In 2008, the Victorian Court of Appeal decided in R v MacNeil-Brown (2008) 20 VR 677 (discussed here) that when asked, prosecutors were required to submit what the prosecution considered was an available range of sentences to impose on an offender, or if the prosecution thought the court would otherwise fall into error.Even then, …

Continue reading Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2: High Court modifies prosecutors duties at sentencing

My instructions are…what are my instructions?

The notion in our legal system of advocates acting on instructions is well accepted.Lawyers are contractually and ethically obliged to obey their client’s instructions. Indeed, they may not act contrary to their instructions. It is for this reason that generally, an accused person is bound by the way a trial is conducted by their counsel: TPC v …

Continue reading My instructions are…what are my instructions?

Flesh out argument but bare bones preferred

One of the guiding principles of advocacy is: BE BRIEF.But, sometimes, just occasionally, some lawyers aren’t brief, even if briefed to be brief. (Who knew?)I think sometimes, it’s the fear of missing something. We all live in fear of losing a case on a point that we could have covered, but deliberately didn’t cover in …

Continue reading Flesh out argument but bare bones preferred

Advocacy Teaching Blog

I noticed the other day that one reader was following the Advocacy Teaching Blog. I hadn't seen it before, and I'm not sure how long it's been going, but there's already a wealth of information there.It's administered by Assoc Prof Chris Behan (Southern Illinois University School of Law), Prof Charles H. Rose III (Stetson University …

Continue reading Advocacy Teaching Blog