Advocacy: A Practical Guide, 2nd ed by Peter Lyons | 2026

Advocacy: A Practical Guide, 2nd ed by Peter Lyons | 2026

Advocacy: A Practical Guide is a comprehensive resource for both aspiring and experienced advocates looking to strengthen their advocacy skills. It offers practical guidance to help legal practitioners develop greater confidence and improve their effectiveness in advocacy.

Focusing primarily on civil advocacy and arbitration, the book covers key aspects of advocacy practice, including case preparation, managing courtroom nerves, examining witnesses, and delivering persuasive trial speeches. Rather than prescribing a single approach, it presents practical insights and techniques that readers can adapt to suit their own advocacy style.

The second edition has been thoroughly revised by Chris Taylor to reflect current practice and includes a new chapter dedicated to online advocacy.

This book is suitable for barristers, solicitors, arbitration practitioners, patent attorneys, and law students. It is also a valuable resource for international lawyers seeking a better understanding of common law advocacy, particularly courtroom techniques such as cross-examination.

Table of Contents of Advocacy: A Practical Guide, 2nd ed by Peter Lyons:

Preface to the Second Edition

Foreword to the First Edition

About the Authors

PRESENTATION SKILLS

1. Substance

1.1 Knowledge of subject

1.2 Structure

1.3 Tell a story

1.4 Simple words

1.5 Picture words

1.6 Putting it into practice

2. Style

2.1 Beating nerves

2.2 Practice

2.3 Stance and gestures

2.4 Timing

2.5 Sounding convinced

2.6 Paying attention

2.7 The digital age

2.8 Sender – message – receiver

3. Presentation skills: checklist

3.1 Preparation

3.2 Delivery

THE QUALITIES OF A GOOD ADVOCATE

1. Integrity

2. A good voice

3. Presence

4. A quick adaptable mind

5. Knowledge of human nature

6. Courage

7. Well-mannered and in control of temper

8. Knowledge of the facts and the law

9. Norman Birkett’s checklist

PROFESSIONAL CONDUCT

1. The advocate’s duty

2. Rules of conduct

3. Your instructions

4. The advocate’s view

5. Bringing the profession into disrepute

6. Courtesy in court

7. Professional conduct: checklist

CASE ANALYSIS

1. The facts

2. Parties

3. Evidence

4. Conclusions

5. Case theory

6. Cross-examination

7. How to analyse a case

8. The blitz

9. The edit

9.1 Fact one: C is an antique dealer

9.2 Fact two: C was talked into it by D

9.3 Fact three: Worthington thinks the sculpture is a fake

9.4 Fact four: Sculpture is worth £3,000

9.5 Fact five: C offered £820,000

9.6 Last fact: D described it as Assyrian

10. Forming the case theory

11. The blitz and its uses

12. Why a case theory is important

13. Preparation and proof

14. Case analysis: checklist

INTERIM APPLICATIONS (MOTIONS)

1. Preparing the submission

1.1 Structure

1.2 Know all of the facts

1.3 Know the procedural history

1.4 Know where your documents are

1.5 Anticipate your opponent’s arguments

1.6 Find out about the judge

1.7 Research the law and the judge’s powers

1.8 Have submissions on costs ready: win or lose

2. Making the submission

2.1 Address the court appropriately

2.2 Announcing your appearance

2.3 Outline the application and the requested relief

2.4 Structure your submission

2.5 Make the judge’s job easier

2.6 Respond directly to questions

2.7 Be flexible and make concessions if appropriate

2.8 Be courteous and professional

2.9 Make a note

2.10 Read the judge

2.11 Using a skeleton

2.12 Reply if necessary

2.13 After the decision

2.14 Knowledge of the rules

3. Interim applications: checklist

3.1 Preparing the submission

3.2 Making the submission

3.3 After the decision

ONLINE ADVOCACY

1. Presenting online

2. Set-up

2.1 Remove distractions

2.2 Choose your location

2.3 Lighting

2.4 Your appearance on screen

2.5 Virtual backgrounds

2.6 Multiple screens

2.7 Test your set-up

3. Hearing preparation

3.1 Procedural considerations

3.2 Bundles

3.3 Witnesses

3.4 Practical considerations

4. At the hearing

4.1 Etiquette

4.2 Handling the camera

4.3 Gestures and body language

4.4 Voice control

4.5 Referring to notes

4.6 Use of visuals

5. Online advocacy: checklist

5.1 Set-up

5.2 Hearing preparation

5.3 At the hearing

WRITTEN ADVOCACY

1. Madman, architect, builder, judge

2. Constructing the sentences

2.1 Lord Denning

2.2 George Orwell

2.3 Bertrand Russell

3. Statements of case and points of claim

4. Witness statements

5. And finally

SKELETON ARGUMENTS

1. Skeleton arguments: checklist

1.1 Purpose

1.2 Technical content

1.3 Referring to authorities

1.4 Formal matters

1.5 Style

PREPARING WITNESSES

1. Encouraging false evidence

2. Coaching

2.1 England

2.2 Australia

2.3 United States

3. Expert witnesses

4. How judges see witnesses

5. Contemporary documents

6. Practical matters

EXAMINATION-IN-CHIEF OR DIRECT EXAMINATION

1. No leading questions

2. Start your questions with the words ‘what’, ‘when’, ‘where’, ‘why’, ‘how’, ‘who’, ‘please

describe’, ‘tell the court’

3. Simple words and short questions

4. Style

5. Arrange your facts

6. Sources of evidence

7. Controlling the witness

8. What happened next?

9. Know the answer

10. Avoid compound questions

11. Listen to the answer

12. Take the sting out of the cross-examination

13. Avoid gremlins

14. End strongly

CROSS-EXAMINATION

1. The purpose of cross-examination

2. Showing evidence to be unreliable

2.1 Mistaken, lazy or unprepared

2.2 Incompetent

2.3 Negligent

2.4 Lacking authority

2.5 Unqualified

2.6 Speculating or exaggerating

2.7 Biased or defensive

2.8 Hiding something

2.9 A combination of the above objectives

2.10 Previous behaviour in any of the above

3. Preparing to cross-examine

4. Taking facts from other witness statements

5. Is the cross-examination necessary?

6. Putting your case

7. Delivery

8. Know the answer or be sure it won’t hurt you

9. Assert: don’t ask

10. One fact per question

11. Don’t argue with the witness

12. Making comments is wrong

13. Cutting off answers

14. Questions based on controversial assumptions

15. Questions on stereotypes

16. Vulnerable witnesses

17. Controlling the witness

18. Causing the problem

19. Getting the answer you want

20. More serious offences

21. Refreshing a witness’s memory in cross-examination

22. Impeachment

23. The talkative witness

24. When to ask open questions

25. The risks of open questions, arguments and conclusions

26. Don’t be pompous

27. The ‘Did you?’ question

28. Collateral questions

29. Cross-examination on documents

30. How the cross-examination fits into closing

31. How to finish

32. Cross-examination: checklist

32.1 Preparation

32.2 Delivery

32.3 Style

RE-EXAMINATION

1. Re-examination: checklist

EXPERT WITNESSES

1. Direct examination of the expert

1.1 Introduction and qualifications

1.2 Method

1.3 Opinion

2. Cross-examination

2.1 Preparation

2.2 Your opponent’s expert

2.3 The opposing expert’s method

2.4 The cross-examination itself

2.5 Case study: cross-examination of the claimant’s expert

2.6 Case study: cross-examination of the defendant’s expert

3. Re-examination

ADDRESSES

1. Striking the right note

2. The opening address

3. The closing address

SUBMISSIONS OF LAW

1. Preparation

1.1 Know the court and its powers

1.2 Know the facts

1.3 Know the law

1.4 Cite authorities properly

1.5 Know where your documents are

1.6 Anticipate your opponent’s arguments

1.7 Anticipate what the court might ask

2. Structure

3. Argument dilution

4. Know what order the court should make

5. Method

5.1 The psychology of a judge

5.2 Point-first advocacy

5.3 Say why you should win

not why the other side should lose

5.4 Pick only the best points to argue

5.5 Don’t read

5.6 Keep to the point

6. Answering questions

6.1 Answer questions directly

6.2 How to answer

6.3 The purpose of the question

6.4 If you don’t know the answer

7. Your style – impact

8. Skilful advocates make it simple

9. Credibility

10. When to reply

11. Does oral advocacy make a difference?

12. Conclusion

13. Addresses and submissions of law: checklist

13.1 Nerves

13.2 Structure

13.3 Notes

13.4 Stance and gestures

13.5 Delivery

APPENDICES

1. Case Study: Cavendish v Downham

2. Further Reading

Acknowledgements

Index

Find more books like Advocacy: A Practical Guide, 2nd ed by Peter Lyons: Advocacy