Since joining the Bar of England and Wales in the mid-1990s, Emily Windsor has faced judges of all types. Over time, she has gained insights into what makes them take notice - and what makes them tune out. Judges may have their particular preferences and idiosyncracies, but the general approaches that work haven't changed much over the decades.
Professional Integrity Matters Most
"Ethical conduct is vital," Windsor remarks. “A barrister’s first duty is to observe their duty to the court in the administration of justice”
Judges depend on advocates for reliable information and efficient use of court time. They count on barristers to behave with honesty and integrity at all times.
Professional conduct rules formalize these expectations. In addition to observing their paramount duty to the court, barristers must maintain independence, protect client confidentiality, and act in the best interests of the client. The balancing act between zealous advocacy and court duties requires constant attention.
Specialised barristers appear repeatedly before the same judges. They build reputations through countless interactions. One moment of loss of professionalism can unravel decades of trust. “Memories are long, and integrity matters," Windsor explains.
Preparation is key
Preparation shows judges you value their time. Complaints against barristers often involve perceived inadequate preparation - a failure no advocate can afford when building judicial trust.
Emily Windsor leaves nothing to chance. She tries to familiarise herself with every relevant rule, provision, and precedent before walking into court. Furthermore, knowing the specific practices of individual courts can score bonus points with a judge who appreciates advocates understanding their particular approach.
Court digitalization has now expanded what amounts to good preparation. Windsor now recommends extensive technical groundwork for remote hearings: internet testing, audio optimization, environment control, and high quality document management systems.
"You don't want to be in a situation where you're fumbling with the technology while trying to make legal arguments," she warns. "Technical competence is now part of professional competence."
Windsor’s preparation is not limited to legal research. She meticulously organizes documents for instant retrieval during hearings. Physical papers require tabbing and indexing; digital bundles need hyperlinks and searchable text. This organization minimises awkward pauses that undermine confidence while counsel hunts for references.
Speak Simply, Clearly, Powerfully
How you communicate can make or break judicial comprehension. Judges process information better when delivered in clear building blocks with obvious structure.
The advent of remote hearings has brought new challenges. Emily Windsor observes that in this format, many barristers tend to slow their speech and add deliberate pauses between points. These adjustments can overcome technology lag and give judges natural openings to ask questions.
"The slight transmission delay in video platforms can make rapid delivery seem rushed or unclear," she points out. "Clear audio is actually more important than perfect video. Judges can tolerate video glitches, but if they can't hear submissions clearly, the hearing becomes impossible," Windsor adds.
Remote hearings also require more precision from an advocate. Windsor identifies the need for increased signposting of arguments. Starting each new section with obvious structural markers helps judges follow the shape of the argument.
Document and case citation also requires absolute precision. Windsor suggests practitioners have developed more deliberate citation methods than they might use in physical courtrooms, taking greater care to clearly direct attention to specific bundle pages or paragraphs.
Windsor's background in debate serves her well in legal advocacy. "During my teenage years, I knew that I liked debating and argument. I enjoyed English and history, marshaling arguments, and thinking on my feet. Those skills have proved very useful for a career at the Bar," she reflects.
