Wednesday, 5 March 2014, 6:00PM
Barnard's Inn Hall

Advocacy – ‘as if’ the Person Represented, or ‘for’ the Person Represented?

Professor Sir Geoffrey Nice QC, Sarah Clarke

UK lawyers used to think that advocacy was a God–given art. In the last 20 years – not more - they have discovered how to train advocacy, applying skills acquired from jurisdictions around the world. Analysis of how advocacy really works benefits from looking back at earlier periods, and then looking forward to today and beyond asking whether advocacy is for establishing the truth and whether the advocate is as if the person represented or simply advocating to win on the client’s behalf at almost any cost. This lecture may include practical demonstrations of examples of advocacy and may involve active engagement with the audience – if willing!

 

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Sir Geoffrey Nice QC has practised as a barrister since 1971.  He worked at the International Criminal Tribunal for the Former Yugoslavia – the ICTY – between 1998 and 2006 and led the prosecution of Slobodan Milošević, former President of Serbia. Much of his work since has been connected to cases before the permanent International Criminal Court – Sudan, Kenya, Libya – or  pro bono for victims groups – Iran, Burma, North Korea – whose cases cannot get to any international court.  He works for several related NGO’s and lectures and commentates in the media in various countries on international war crimes issues.  He has been a part-time judge since 1984 sitting at the Old Bailey and has sat as judge in other jurisdictions, tribunals and inquiries.  Between 2009 and 2012 he was Vice-Chair of the Bar Standards Board, the body that regulates barristers.

The six free public law lectures for 2013/14 Sir Geoffrey delivered as Gresham Professor of Law included four lectures on how legal process can fail the citizen in armed conflict, one explaining advocacy work in courts, and a final lecture covering recent legal changes.

The first five of his 2012-13 lectures dealt with issues arising from the work of international criminal courts and tribunals.  The sixth contrasted the practice of law in international criminal courts where there is little or no effective regulation of lawyers and judges with the present working practices of the English Bar.

Professor Sir Geoffrey Nice QC continues his Law series in the 2015/16 academic year, entitled 'Law and Lawyers - not all bad?'.

Professor Nice's previous lecture series are as follows:

2015/16 Law and Lawyers - not all bad?
2014/15 From Human Rights to Srebrenica
2013/14 Law Lectures by Professor Sir Geoffrey Nice QC
2012/13 International Criminal Courts

All of Professor Nice's past Gresham lectures can be accessed here.

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sarah-clarke

Sarah Clarke is a barrister at Sergeant's Inn Chambers, having been called to the Bar 1994.

Sarah Clarke is listed in Legal 500 2012 for her ‘extensive experience of market abuse and regulatory actions’.

She is also listed in the forthcoming edition of Chambers and Partners 2014 as a Leader in the Field in Financial Services Law.

Sarah’s book ‘Insider Dealing: Law and Practice’ was published by Oxford University Press in September 2013.  This will be the first practitioner’s text book on insider dealing law.

Sarah spent the first ten years of her career at the self-employed Bar where she had a successful and advocacy heavy practice in general crime, fraud and confiscation.

In 2005, Sarah joined the Enforcement Division of the Financial Services Authority (“FSA”) initially on secondment and thereafter as part of its newly formed Litigation Department.

During her time at the FSA, Sarah advised on and conducted many of the FSA’s high profile insider dealing prosecutions as well as regulatory and disciplinary proceedings before the Regulatory Decisions Committee (“RDC”) and the Upper Tribunal.  She conducted many of the FSA’s early cases before the Financial Services and Markets Tribunal and advised on and conducted the FSA’s first ever prosecution for misleading statements and breaches of the general prohibition.

In October 2011, Sarah returned to self-employed practice where she continues to be instructed by the (now) FCA in its more high profile and difficult insider dealing and regulatory cases.  In addition Sarah is now regularly instructed by clients involved in Financial Services litigation or who require advice on financial regulatory issues such as the conduct of Regulated Activities, Authorisation and Approval applications and Change in Control issues. 

Since joining Serjeants’ Inn Chambers, Sarah has broadened the scope of her practice to encompass the full range of other regulatory and disciplinary proceedings and related criminal matters.  She is developing a reputation as an advocate in Article 2 Jury Inquests and disciplinary proceedings involving serious criminal allegations.

Sarah has considerable experience of advising on and shaping complex and difficult litigation from an early stage and working with large case teams and different stakeholders.  She also has the advantage of having had considerable advocacy experience throughout her career which means that she is as comfortable cross-examining in a Crown Court or Tribunal as she is making submissions on difficult legal issues to the High Court and Court of Appeal.

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Transcript

5 March 2014

Advocacy – ‘as if’ the Person Represented, or ‘for’ the Person Represented?
Professor Sir Geoffrey Nice QC
Sarah Clarke

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