How To Earn the Bench’s Trust: Barrister Emily Windsor’s View
Plenty of barristers possess legal knowledge, but advocacy is a separate skill. Emily Windsor, a property barrister at Falcon Chambers, shares her perspectives on what makes a strong advocate.
Integrity and compliance with professional rules
Emily Windsor explains that the bedrock of advocacy is compliance with professional standards or “core duties”. A particularly important duty is the barrister’s duty to the court in the administration of justice. Barristers must act with honesty and integrity, and maintain their independence. Of course, barristers also have very important duties to their clients: they must also act in the best interests of their clients, protect their confidentiality, and promote their cases fearlessly by all lawful means. However, a barrister must never lose sight of their duties to the court. For obvious reasons, a judge has to be able to trust any information that the barrister provides, and expects an advocate to take reasonable steps to avoid wasting court time.
So first and foremost, Emily Windsor points out, an advocate must comply with their duties to the court, and be seen to comply with them. A judge will quickly lose trust in an advocate who is not abiding by the letter and spirit of the rules.
Preparation Transcends Changing Times
Regardless of whether appearing physically in court or via remote hearings, meticulous groundwork remains essential. Windsor stresses that advocates must master every relevant procedural rule, statutory provision, and case authority relevant to their matter. Familiarity with court-specific practices makes a particularly favourable impression on judges, who appreciate advocates understanding their tribunal’s particular framework.
Remote advocacy demands additional preparatory dimensions. Windsor recommends comprehensive technical groundwork: for example, she emphasises the importance of audio quality in remote hearings. Her advice includes testing internet connectivity, optimising audio equipment, creating controlled environments, and developing robust document management systems – practical steps that prevent credibility-damaging technical mishaps.
Clear Communication Captures Judicial Attention
Judges appreciate barristers whose submissions are concise and focussed. Emily Windsor’s experience teaches that advocates must develop precise communication techniques adapted to contemporary courtroom environments.
Communication clarity matters tremendously during remote hearings, where Windsor advocates thoughtful pace modulation and appropriate rhythm. She refers to studies recommending deliberately slowing natural speaking rhythms while incorporating definitive pauses between distinct points – techniques compensating for latency issues while creating space for judicial questions.
Structural signposting proves equally valuable. Windsor suggests beginning each argument segment with explicit organisational markers, helping judges track complex submissions despite physical disconnection. Documentation precision requires similar care: advocates must clearly direct judicial attention to specific passages while remaining vigilant about pagination inconsistencies between electronic and paper bundles.
Long-Term Credibility
Finally, successful advocates who regularly appear in the same specialist courts understand that their credibility is maintained through consistent displays of professional skill and integrity across multiple appearances. Emily Windsor’s career path – remaining with Falcon Chambers since the mid-1990s – shows the longevity of careers at the Bar. “The common career trajectory is to join a separate chamber at 25 and leave at 70. And I think that’s what most of my colleagues are doing,” she explains. “Memories are long, and integrity matters”.