Art of the Advocate

by Richard Du Cann

Every day, in every court and tribunal, advocates represent us all - Crown and defendant, landlord and tenant, rich and poor, honest and false alike. What are the duties to court and client? This book surveys the role of advocates at every stage of their work.

Genres: Law, Nonfiction

256 pages, Paperback

First published June 27, 1991

Reviews

[Lisa · Rating 4 out of 5]

Great read for the layman and any foreign attorney interested in British trial advocacy, although a bit dry in places. Redundant for anyone who is a trial attorney in a common law jurisdiction.

[Will · Rating 4 out of 5]

This book is a now somewhat dated (1993) but still essential tour of the elements that, combined, comprise excellent advocacy. For practicing advocates, there aren't many reliable books on this topic, and it is undoubtedly good to have an account of what comprises good quality practice from someone who has so much experience in the field. One caveat: This book is UK centric, although its lessons are applicable in most common law jurisdictions.

The book adopts three cases, the facts of which are set out in brief in the first chapter, to make its points and refers to them throughout the book. These are great cases - sufficiently disparate but compelling and prominent enough to serve as illuminating examples throughout. They are, however, dated, and this is the main criticism of the book.

The book itself is set out in the order of trial, as if to reenforce its points. It dissects the relevant elements: the duties of the advocate, opening, proof, cross examination, closing. It is also instructional on style (be flexible in cross, be stylistic in closing) and other pertinent points such as crediting or discrediting expert witnesses, opinions and types of trial. It has practical advice relevant to both civil and criminal practitioners.

For the latter part of the book Du Cann gets on his soapbox a bit and decries the direction the (then) English legal system was going under the direction of the Lord Chancellor. Things have changed distinctly since this book was written and I suspect most advocates, and certainly all criminal advocates would probably agree with me markedly for the worse. Du Cann decries the cuts to legal aid and insists that laypersons require representation - anecdotes from the UK (refer the secret barrister) indicate that they are less likely to get it than ever before. Furthermore, the House of Lords no longer encompasses the supreme court of the UK, nor is it the most senior appellate body.

I came to this book due to its recommendation in 'The Devils Advocate', another excellent read on practice. Although dated it is certainly worth giving your time to, due to the sheer amount of hard won lessons of advocacy it contains. It is extremely well written, pithy and, especially considering its subject, compelling. The Devils advocate and The Secret Barrister are more contemporary takes, and both worthy of your time.

[Sarah · Rating 5 out of 5]

It’s all the basics and solid advice. Highly recommended even if you’re not a lawyer.

[Eleanor · Rating 3 out of 5]

5* for quality of prose, research and insights
3* for the repetition and loquacity
Would still read a 3rd edition written in 2026

[Moises · Rating 4 out of 5]

Although a little dated now I found it to be absolutely riveting and insightful, particularly as an aspiring lawyer. It is relatively easy to read, even for those who know very little about the legal world, and quite frankly, contains lessons applicable to many other walks of life.

Richard really opened my eyes into some of the things an advocate must consider, particularly when cross-examining a witness, "it is he, and not the witness, that knows the rules that bind them both." "The cross-examiner should ask no question that he is unsure of what the answer will be... for example why the witness thinks white is white, unless ofcourse he plans to use the answer to his advantage."

A lifetime of knowledge compiled into a small book; it ought to be made mandatory reading for first year students.

[Nouman S. Ghumman · Rating 5 out of 5]

This is probably the most inspirational book on advocacy still in print. Richard Du Cann was an imposing and admirable old school Queen's Counsel. He shares tips of good court craft with sound instructions and fine examples. His language is as one would expect of a Queen's Counsel, his tone, that of a measured gentleman. The book is replete with sensible advice such as not accepting work which the advocate knows he will not be able to do. Du Cann has a lifetime experience and knows first hand, legendary figures in the law - judges and lawyers alike. It will be a pity if a new lawyer is sent to practice without having read this book.

[Sreetharan Vallithan · Rating 5 out of 5]

It is a great book. Recommended reading for law students and lawyers alike.

At the back of the book, it says:
Caught in the vice of tradition and precedent, advocates pursue their calling, and their prey, in a manner that has not basically changed for 200 years. And this book aids us in understanding the history and what it takes to have a successful (caveat: Du Cann would cringe at this) career as a barrister.

Nevertheless, it would make one be a better advocate for your client's cause.

[Wonderperson89 · Rating 5 out of 5]

Review later.

[Tony · Rating 4 out of 5]

Excellent stuff, beautifully written.

[Caracalla · Rating 5 out of 5]

Really good, interesting things on cross-examination, sounds really difficult