Behind closed courtroom doors, what actually wins cases might surprise outsiders. Public perception often celebrates charismatic personalities and dynamic speakingBehind closed courtroom doors, what actually wins cases might surprise outsiders. Public perception often celebrates charismatic personalities and dynamic speaking

Emily Windsor on the Importance of Persuading Judges Through Substance Over Style

Behind closed courtroom doors, what actually wins cases might surprise outsiders.

Public perception often celebrates charismatic personalities and dynamic speaking styles, but experienced judges value something entirely different.

The barristers who consistently succeed rely on three pillars rarely visible to casual observers: exhaustive preparation, uncompromising integrity, and crystal-clear communication.

Mastering Your Materials

Unprepared barristers may get spotted immediately.

Emily Windsor, barrister at Falcon Chambers, explains why comprehensive knowledge matters: “Most barristers most of the time are dealing with their cases on their own. You may sometimes feel a little isolated because, whereas solicitors work in teams and are always reporting upward and downward, it’s not always like that at the Bar.”

Working independently demands incredible self-discipline. Nobody checks your work. The responsibility sits entirely on your shoulders.

Commanding every case detail builds the foundation for effective advocacy. Great barristers analyse all documents, know relevant legal principles cold, organize materials perfectly, and predict judicial questions before they happen.

Many top advocates also sharpen their expertise through contributing to legal textbooks, keeping themselves ahead of developments in their field.

Your Word Carries Weight

Fancy courtroom moves may look good on Netflix, but judges care about honesty above all else.

Emily Windsor observes: “Memories are long, and integrity matters” in legal circles.

Your reputation builds over decades, with each appearance adding or subtracting from your professional standing.

Judges need to trust what you tell them. That means absolute accuracy when presenting facts, correct citation of authorities, honesty about weaknesses in your arguments, efficient use of court time, and following professional rules religiously.

Top advocates understand their duty to courts while fighting hard for clients, a balance that requires constant attention.

Speak Simply, Clearly, Powerfully

Leave flowery language for novels. Court success demands precision and clarity.

Emily Windsor promotes straightforward communication that respects how busy judges are and helps them grasp complex arguments quickly.

Legal arguments also need roadmaps.

Smart advocates begin with clear outlines, use numbered sections, provide smooth transitions between points, summarize complex information in digestible chunks, and end with punchy restatements of their main arguments.

When citing documents, pinpoint precision helps tremendously. Direct judicial attention to exact page numbers, paragraphs, and specific passages.

Tech Skills Matter Now Too

Modern advocates worry about reliable internet connections, quality audio setups, professional backgrounds, electronic document management, and backup plans for tech failures.

Emily Windsor highlights audio quality especially: “Clear audio is actually more important than perfect video. Judges can tolerate video glitches, but if they can’t hear submissions clearly, the hearing becomes impossible.”

COVID changed everything. Many hearings stay online permanently now. “Short hearings, one or two hour hearings, and case management hearings, hearings not involving witnesses, remain online a lot of the time,” Windsor explains.

But, despite technological shifts, core skills remain essential. Emily Windsor developed hers early: “During my teenage years, I knew that I liked debating and argument. I enjoyed English and history, marshaling arguments, and thinking on my feet. Those skills proved very useful for a career at the Bar. In a courtroom, you may need to be able to react swiftly, to counter arguments and developments that you weren’t anticipating.”

Great advocates blend these timeless abilities with modern adaptations, maintaining substance over style consistently.

The barristers winning cases today know flashy performances might grab attention momentarily, but thorough preparation, unwavering honesty, and crystal-clear communication win cases, both online and in person.

Judge Your Own Professional Approach

  • How would a judge evaluate your communication style? Would they find it clear and efficient, or needlessly complicated?
  • If a judge were to assess your level of preparation, what verdict would they likely deliver?
  • What qualities would make a judge view you as trustworthy in your field?
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