Emily Windsor On The Judgment Calls Barristers Make Daily

Daily life at the Bar involves countless decisions that may affect client outcomes. Each choice carries weight, requiring clear thinking and integrity.

Having practiced since the mid-1990s, Emily Windsor knows all about these pressure points. She’s seen how the smallest decisions may make or break a case.

Emily Windsor On The Judgment Calls Barristers Make Daily

The Preparation Puzzle

Preparation is key. Time constraints mean barristers must be exceptionally well prepared.

“Most barristers most of the time are dealing with their cases on their own,” Windsor explains. “You may sometimes feel a little isolated because, whereas solicitors work in teams and are always reporting upward and downward, it’s not always like that at the Bar.”

Solid preparation means knowing case materials inside out, researching relevant law, anticipating opposing arguments, and ensuring everything’s technically ready.

These elements force barristers to be strict about how their time is allocated, especially when juggling multiple cases.

Emily Windsor broadened her knowledge through legal textbook contributions. “Writing a book makes you research everything in great detail. You have to make sure you’re up to date with all the changes. You have to research every single recent case and statutory instrument.”

Case preparation becomes stronger when built on such thorough foundations.

Tech Choices That Matter

Today, barristers must master technology in a way that their predecessors never imagined.

“You don’t want to be in a situation where you’re fumbling with the technology while trying to make legal arguments,” Windsor observes. “Technical competence is now part of professional competence.”

COVID-19 rocketed remote hearings forward, forcing barristers to quickly determine which matters work well virtually. Windsor says that straightforward criteria apply to these decisions:

“Short hearings, one or two hour hearings, and case management hearings, hearings not involving witnesses, remain online a lot of the time,” she explains. “Hearings involving live witness evidence, much less so. Some witnesses may struggle with the technology or the bundles, and it is much harder to help them in this hearing format.”

Barristers must also now decide how to handle AI tools while maintaining their professional judgment. Such technology offers speed but demands watchful eyes to maintain quality and protect client confidentiality.

Speaking to Win

Speaking to Win How information lands may dramatically affect case outcomes. Barristers make daily calls about which arguments will click with specific judges and how to structure presentations for maximum impact.

“In a courtroom, you need to be able to react swiftly, to counter arguments and developments that you weren’t anticipating,” Windsor notes.

Quick thinking under pressure builds on thorough preparation and mentally playing out various scenarios beforehand.

Windsor built this analytical approach through early debating. “During my teenage years, I knew that I liked debating and argument. I enjoyed English and history, marshaling arguments, and thinking on my feet.”

These core skills transferred perfectly to courtroom advocacy, where thinking on your feet may save the day.