As seen on TV?
For many law students, our perception of the legal profession is based predominantly on hours spent binge-watching TV lawyers shout “objection” across the courtroom sets of Suits, How to Get Away with Murder or, my personal favourite, The Good Wife. But do these captivating legal dramas provide an accurate image of what it means to advocate for a client in court? To help set the record straight, I sat down with three experienced Brisbane-based courtroom advocates, Jonathan Horton QC, barrister Edward Shorten, and King & Wood Mallesons Commercial Litigation partner Emma Costello.
Jonathan, Edward and Emma were all quick to clarify that a day in court is perhaps not as dramatic and fast-paced as television dramas would lead us to believe. “Those American shows, in my experience, are not very accurate. People who watch Suits and the like are probably in for a bit of a rude shock when they get to court and realise it’s a lot less exciting,” Edward cautioned.
Similarly, Jonathan felt that the biggest misconception television viewers have of the legal profession is that “there are not long, lonely hours of reflection and work spent prepping.” So how much time does a solicitor or a barrister really spend preparing for court?
For Emma, it depends on the complexity of the case. “We just finished a big trial for Queensland Nickel which we filed over two years ago. It was set down for 10–12 weeks in court, but we spent six months preparing beforehand because it was a particularly complex case involving a lot of people.”
For barristers, the preparation-to-court ratio can differ significantly depending on their practice area and current caseload. Edward, for example, estimates that right now, he only spends about one in every ten days in court. However, Jonathan reported that, for the past two years, he has spent more than half his time in the courtroom. He attributes this to the fact that he has been involved in a lot of big criminal and public law cases, which are unlikely to settle beforehand because “it’s not just a matter of money changing hands.”
Another noticeable difference between the Australian courtrooms and US courtrooms depicted on television is the presence of the white wigs donned by judges and barristers. This led me to wonder how the added formality of Australian courtroom enhances the judicial process.
“A lot of these more medieval customs tend to enhance a system that’s focused on real people rather than on supporting a big institutional system or state… Wearing a wig reminds that that we are fulfilling special duties and obligations cast on us by time and the concept of acting for the common good,” Jonathan said.
In Emma’s opinion, however, traditional courtroom attire and formalities play a more important role for those outside the legal profession. “As a lawyer, when you go to court, you’re always aware of how serious it is. If you’re appearing as a witness or an accused, however, perhaps you need that formality. Maybe that does bring something to the integrity of the court.”
From watching scripted television dramas, it’s also easy to think a legal advocate’s greatest skill is giving impassioned off-the-cuff courtroom speeches about moral injustice and over a swell of inspiring music. But what are the skills courtroom advocates actually rely on the most? It became clear from speaking to all three lawyers that communication is key in their profession. “You need to be a good listener and a good communicator. Not only are you trying to persuade the judge, but you also have to satisfy your client’s interest and deal respectfully with your opponent,” Edward said.
Emma added that flexibility in your thinking and approach to your work is critical. “As lawyers, we like to do things we know how to do. But the law is changing a lot, as is the practice of law. I think we need to be able to look at things slightly differently.”
So, if you are an aspiring courtroom advocate, what is the best way for you to find out more? “The thing that I found most helpful when transitioning to the bar was talking to, and more importantly listening to, as many people as I could,” Edward recalled. “People are willing to help you if you go and talk to them. Out of every conversation, you might get one or two little gems and if you do that enough, you gather a lot of helpful advice.
Article written by Morgan Lynch
This article appeared in the Torts Illustrated I Object (2019) Publication