| This programme features a recording from Session 4 of the Essential Written Advocacy Course 2025. There are five sessions in total for the course. Synopsis: Modern dispute resolution in courts and arbitration places great emphasis on written advocacy. From correspondence to pleadings to affidavits to submissions, a case can be won and lost even before an advocate rises to speak. Writing well requires strong fundamentals, including an understanding of basic principles of good writing; a solid foundation of substantive law; adroit eliciting, portrayal, and management of facts and evidence; and the ability to tailor the balance between objective and persuasive elements of law, fact, and evidence. Good written advocacy is both an art and a science. There are rules and frameworks to be followed and precedents to have regard to, but there is also the avoidance of the dross and the gloss, and the infusion of that additional element of style that makes the writing readable and effective. With the increased use of Generative AI in legal practice, this series will also tackle head-on the use of Gen AI in written advocacy in all its forms. Even the best advocate has no case without evidence. Good affidavit evidence has long been a necessity for success in interlocutory applications but is now more crucial than ever since the introduction of the Affidavit of Evidence-in-Chief in civil proceedings. Proper affidavits contain all the facts necessary to support counsel’s submissions without descending into verbose verbiage or excessive legalese. One of the principal difficulties when attempting to draft an affidavit lies in presenting the facts and documents in a coherent, comprehensive and logical manner while keeping in mind that the deponent may subsequently be called upon to “defend” the evidence (and perhaps even the style and language or presentation) in cross-examination. This session will advise participants on how to draft affidavits successfully while avoiding potential difficulties. The use of Generative AI in the preparation of affidavits will also be discussed, including the ethical limits of the use of Generative AI, and reliance on precedents. Keywords Advocacy, Communications, Writing, Affidavits, Evidence-in-Chief, AEIC |
