Legal Practice Advice

Preparing Statements of Agreed Facts and Statements of Issues to be Tried

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In the preparation of trials, the court orders parties, as a matter of course, to prepare a Statement of Agreed Facts (‘SAF’) and a Statement of Issues to be Tried (‘SIT’): see Order 34 rule 2(2)(j) and (k), Rules of Court 2012. There are good reasons for this. The purpose of these statements is two-fold. First, it is to encourage and facilitate the narrowing, outlining and identification of the disputed factual areas and legal issues …

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The Basic Skillset of a Lawyer

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Marketing, business development, making Tik Tok videos, getting featured or profiled here and there, and such matters are things one does purportedly for attracting legal work. These are not skills for producing high-quality legal work. They are an enervating distraction, especially to the development of a young lawyer’s legal abilities. For myself, there are 4 basic skill sets every lawyer must possess: the ability to read, write, speak and think. I know anyone literate can …

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Preparing questions for examining witnesses beforehand

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From the beginning of my practice, whenever I prepared for a trial, which meant the examination of witnesses, I wrote down all my questions beforehand. Whether it was an examination-in-chief or a cross-examination, I wrote down every question for every permutation of answers I anticipated from a witness. Preparing questions for examination is a feat of imagination which requires creativity, empathy and anticipation. I like preparing early to allow opportunities for new or better ideas …

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Written Advocacy Tip: Break it down

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Legislation is not an easy read, even for lawyers and judges. Sometimes I feel it is made difficult out of thoughtlessness, habit or a policy to make the law inaccessible to the general public; which applies at a given moment depends on my mood and whether the teh tarik is still hot. Laws are meant to apply to everyone, so like day follows night, it should follow that laws should be framed in a way …

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Ask the right source

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“So what are your plans after you get called?” I asked my pupil one evening as we smoked on the office balcony. “Go for interviews. I am writing up my CV to send out to law firms,” she replied. “And how is that going?” “Hard. I revised my CV ten times already!” “Why did you have to do that?” I asked, surprised. “Each time I read my friend’s CV, I revise mine. Everyone seems to …

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