Winning Courtroom Strategies – Chambers Tips
When the parties to a lawsuit in the BC Supreme Court can’t agree on their respective rights and obligations under the Rules of Court a Judge or Master can be asked to decide in a “chambers application“.
When appearing in Chambers it is important to¬†persuasively¬†advance your position. ¬†Focused and disciplined submissions will maximize your chances for a favourable outcome. ¬† So how should you structure your argument?
Recently a great summary was provided by Madam Justice Helen MacLeod-Beliveau in a continuing legal education seminar for the Ontario Bar Association. ¬†She shared her insights from a judge’s perspective. Modifying the tips to a lawyer’s perspective the following useful outline can be followed:
1. ¬†What order you want the Court to make?
2. ¬†What are the legal issues in your dispute?
3. ¬†Which Rule(s) of Court are you relying on in support of your application?
4. ¬†What are the crucial facts of your case?
5. ¬†What are the leading cases applying the Rule(s)?
6. ¬†Explain why the Judge should grant the order.
7. ¬†Sit Down!
8. ¬†After your opponents submissions explain where they have clearly erred.
9. ¬†Don’t re-argue your motion in your response to your opponent’s submissions.