“What’s it like being a woman advocate?”

“Work until you no longer have to introduce yourself.”

Today, I had the privilege of chatting to a young law associate. She had requested to meet and asked for five minutes of my time to pay a courtesy call. I respected her confidence and hunger to get ahead so I gave her the meeting. The first thing she asked was what it is like to be a woman advocate. I told her that if she did not make it an issue, it would not be an issue.

“Focus on being the best you can be, outwork your competition, choose integrity,” I said.

“So how do I get ahead?” she asked. I told her that it would always be different for everyone. However, there are failsafe methods that I have adopted that have taken me everywhere and helped me build a rich portfolio of high value, interesting legal work.: Here is a summary of what I shared with her.

  1. Read every line of every paragraph of every page of the brief. Nothing beats preparation.
  2. Meet the litigant in advance of the hearing. Seek clarity on what success looks like for the client. Ensure the remedy you’re after achieves this. Be honest about prospects of success.
  3. Research the applicable law. Master first principles and relevant cases. Go a little beyond the call of duty. Look for controversies in the law. Answer them. Read and re-read the leading texts on your subject matter.
  4. Prepare. Preparation beats experience every time. Highlight key areas. Have page numbers at your fingertips. Know your annexures. Use flags to locate key parts of the record.
  5. For appeals and motions, write out your address in bullet point form in advance of the hearing.
  6. For trial advocacy, master case analysis. Have clear objectives before the trial starts.
  7. Prepare and write out your cross-examination before hand – but listen to the witness.
  8. Learn to write concise, clear legal language for heads of argument, closing submissions and opinions. Crisp expression is the gold standard.
  9. Invest in advocacy training. Go international. Attend the Wallenburg (Stellenbosch) and Keble College (Oxford) trainings at least once each. Learn how to conduct your examination in chief, cross-examination and re-examination. Suave witness handling will strengthen your case.
  10. Practice your oral addresses for motions and closing submissions in advance. Record yourself. Weed out bad habits like rocking when you speak, avoiding eye contact and the over-use of gestures.
  11. Develop a clear style and legal brand that judges and fellow practitioners associate you with. It must combine competence, clarity, good presentation, courtesy and a flair for meeting the client’s needs. Build gravitas and presence over time.
  12. Never mislead.
  13. Be punctual. Arrive early with time to spare. Secure a good seat. Arrange your books, pens and papers neatly. Breathe and get situated well before the judges come in.
  14. Take copious notes during motion and appeal hearings. Divide your page in two. On the left, write what your opponent is saying. On the right, write your response. This will ensure your reply is thorough, cogent and structured.
  15. Be polite to all court staff.
  16. Be extremely courteous to every judge. Never speak over them. Disagree respectfully. If you have a request or seek an indulgence, be even more polite. Learn how to highlight potential misdirections in a courteous manner. When you speak out of turn, be swift to apologize.
  17. Never scandalize the court.
  18. Professional courtesy to your learned friends is a superpower. Clients come and go but colleagues are forever. Fight your case hard but do not burn bridges.
  19. In all dealings, use temperate, professional language. Strong language does not mean a strong argument.
  20. Respect confidentiality.
  21. Dress well. Black is the gold standard. If you must, navy blue. Worst case scenario, dark grey. Elevate your look with pin stripes. Steam your suits. White shirts must be white and ironed. Collars must be stiff. Jabots must be starched. Wear professional but comfortable court shoes.
  22. Neat hair is a must. It doesn’t matter what style it is, it must not detract from your advocacy when you are addressing the court.
  23. Embrace, don’t fight, technology. Invest in a good machine, a strong internet connection and a professional background for virtual hearings.
  24. Never stop learning and relearning. The law is constantly changing. Keep up to date.
  25. Teach – there is no better way to master the law and have it at your fingertips.
  26. Understand that losses keep you hungry and humble. Take them in your stride but your growth game must be strong.
  27. Know that there are human beings and life stories behind every piece of litigation. A sense of justice and a well-executed duty to client must inform all one’s endeavours.
  28. Travel. Learn about other common law jurisdictions. Hold yourself to global standards.
  29. Get involved – do pro bono work (the best murder trials are pro bono), join professional societies, build networks beyond the legal field. It will only enrich your ability to apply the law skilfully.


Leave a comment