This programme features a recording from the final Session 5 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.

Following the tender of affidavits, counsel must prepare a concise opening statement. The opening statement presents a golden opportunity for counsel to briefly signpost the critical issues and counsel’s views on how the judge or arbitrator ought to determine the problems. The major challenge in the drafting of an opening statement is to be comprehensive without burdening the reader with unnecessary or irrelevant details. Closing submissions sum up all the evidence and legal submissions at the end of a trial. Good closing submissions will not merely rehash pleadings but instead summarily merge fact, evidence and law to signpost for the trier of fact what to focus on when coming to a decision. Written submissions focus the court on the key points, while providing only so much of an exposition of law as may be necessary.

This session will guide participants on how to craft a compelling opening statement that will aid (and not confuse) the oral advocacy that will follow. It will also cover the essential elements of a good closing submission, and general principles to follow in drafting submissions.

Keywords

Advocacy, Communications, Writing, Submissions