I was pleased to see the statement of the Chief and Associate Chief Justices encouraging submissions by junior counsel.
I had the opportunity to prepare and present submissions very shortly after my call to the bar. While it seemed a daunting task at the time, it was a superb way to develop as a junior lawyer. It is a real incentive to do better than your previous best, thinking that you will be the one who could be taken to task by the panel for any failings in research or analysis, and realizing that this is a chance for you to strut your stuff and be noticed, even without grey hair.
To experience running with a portion of a case – seeing how it develops from research, analysis, writing through personally presenting the oral argument on that issue or aspect - is better preparation for eventually running entire cases. It fuels the fire of a litigator to have the chance to advocate, and not have to sit on the sidelines watching someone else make the arguments you devoted hours of your life to craft.
I feel that this statement only codifies what has always been my experience. I cannot recall any case I have argued before the Court of Appeal in which any junior counsel present and robed are not specifically and respectfully asked if they will be making any submissions with the impression that the panel wants to ensure they have a chance to make submissions.
I have always felt confident in saying to junior lawyers that the bench overwhelmingly welcomes their contribution and will be forgiving of their lack of experience. While the superb juniors I have had the pleasure to work with have not needed any convincing, as any fear takes a backseat to their drive to progress their skills and experience, I hope that this statement sends more of their nerves packing so the focus can be wholly on advocacy when they make their first set of submissions.
