Introduction

[14000] Every lawyer does a lot of formal writing. It will usually be a submission to the court. Your writing must be accurate and persuasive. It is the preliminary and important part of advocacy. You don't want to run any risk of being misunderstood. A listener of spoken words may interpret them in a way that was not intended. That may be conscious or unconscious. With written words, that risk should be reduced. The more accurate the writing, the lower the risk.

[14005] Courts are increasing their demand for written submissions. Courts of Appeal have practice directions to that effect. Not only that, but trial courts to a greater degree than ever before expect submissions in writing. Your submissions on complex legal propositions to a trial court have a greater chance of success when they are in writing, supplemented by your spoken argument. Kirby J said:

But keep your written submission as short as you can. The longer it is, the less likely is the judicial officer to read it and absorb it.