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w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 6 31 for a decision? What impact is it going to have across the country? It is absolutely vital that we see well beyond the end of our nose. . . . Judges want to do justice. They want to do the moral and right thing. So, you try to find a theme; a pitch. If you can capture the moral high ground in a case, you are far ahead." In a 1998 speech to the Criminal Law- yers Association, then-justice Ian Binnie said the way an argument is framed can go a long way to determining the out- come of the appeal. Aim for too lofty a goal and one can easily lose the court. Better to restrict the target and provide the court with a jurisprudential map to get there. "A key to success in advocacy in the SCC is the ability to set the agen- da," he said. "In other words, to define the issue or issues raised by an appeal in a way the judges will find attractive that will motivate them to want to write in your favour." Binnie said lawyers often make the error of gazing exclusively at judges who sit in the centre of the dias or at those they perceive as "friendly" to their position. "You can't afford to give up on any of the nine votes until it's all over," said Binnie. "You don't know who is on your side until the judgment issues." He advised counsel to also not waste time on generalities, nor should they be put off by vigorous questioning: "We didn't interrupt you when you were preparing your factum. Now, it's our turn." Proceeding with legal argument unimpeded by questions from the bench is not necessarily a good sign, according to Moldaver. "If the bench doesn't ask any questions such that you are finished in half an hour, so be it," he says. "It either means you have a sure winner or a dead loser." And while anxiety is entirely under- standable, he says, the court "is actually pretty civil. We do not go out of our way to demean or belittle." Which is not to suggest that a date in the Supreme Court cannot make even the boldest advocate quiver. "If you don't have that feeling when the big door opens, you probably shouldn't be here," says Mol- daver. "But there is a difference between being anxious and being numb. The best advice is just to relax, take a breath, and do the best you can. Be succinct, be light on your feet, and be true to oneself." W ith an appearance in the Supreme Court mere days away, lawyers tend to be so immersed in their arguments that obtaining an outside perspective can be essential. "It's about getting outside of your own head," says Chaudhury. "The problem is that coun- sel drink the Kool-Aid on their own case. While you have to be convinced or you cannot argue your case, the exercise of convincing and persuading yourself can drive you into a sort of tunnel vision." Prior to an appeal hearing last fall in R. v. Saeed, Alberta Crown counsel Melanie Hayes-Richard and Maureen McGuire attended an institute session in search of that all-important outside perspec- tive. The Crown was the respondent in a significant appeal involving the ability of Because business issues are legal issues. So if you want to get ahead in business, get the degree that gets you there faster. ONE YEAR – PART - TIME – NO THESIS FOR L AWYERS AND NON - LAWYERS law.utoronto.ca/ExecutiveLLM GPLLM Global Professional Master of Laws [Get a Master of Laws] Untitled-1 1 2015-02-25 8:38 AM

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