Lessons for trainees and NQ solicitors from the Edinburgh Sheriff Court Spring Talk Series
Michelle Wilson
As we are all aware, the pandemic radically changed or paused many aspects of life. In litigation, while the advent of the virtual courtroom has some advantages, it has unfortunately resulted in far fewer opportunities for trainee solicitors to get into court and put their skills to the test in front of a Sheriff.
This gap in experience and learning has been recognised by the sheriffs and staff of Edinburgh Sheriff Court who volunteered their time to put on a series of seminars aimed at trainee and newly qualified solicitors covering a variety of topics relating to the presentation of written and oral submissions.
As a trainee in my second year, I was keen to attend and promptly signed up for the event.
The series ran over a period of four weeks and covered the following topics: presenting a legal argument, preparing for a proof, asking better questions during cross examination and family actions.
I picked up many useful tips over the four weeks - some may seem more obvious than others but nonetheless it was beneficial to have them brought to my attention:
- Do the research and know the details of your case prior to any hearing.
- When preparing written pleadings, think about what each sentence is trying to achieve and what you are asking the Sheriff to conclude from your pleadings.
- Think about what the Sheriff needs to know to make their decision and how best to present the crucial points to them.
- Structure an argument to best suit the situation and/or make the information easier to digest.
- Ensure all cases and productions are organised and highlighted to make them easy to refer to.
- Bring spare copies of productions. It is better to have a spare than not have enough for all parties.
- When questioning a witness, don't ask a question you don't know the answer to, even if it is tempting.
- If you have a vulnerable or nervous witness, guide them through the topics and questions you will cover prior to asking them. This will give the witness an idea of what to expect, and it can put them at ease.
There were so many other helpful tips and guidance during these talks.
Whilst the main aim of the series was to educate, it was also a great opportunity to speak with fellow trainees and newly qualified solicitors and to meet the people that you would normally have seen weekly if not daily when attending court pre-pandemic. It was comforting to know that others were in a similar position and eager to attend court in person.
If a further series is organised, I would highly recommend to any trainee to sign up early and attend.
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