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Debt Advice Handbook Scotland 1st ed - with new material

Useful techniques

• Plan well
• Be brief
• Summarise
• Prepare clear documents
• Tell the story
• Quote precedents and powers
• Admit ignorance
• Use court staff
• How to address the sheriff
• Look smart, be polite, speak clearly
• Know your own limits

Plan well

Plan everything to be said in advance. Make sure it is logical and clear. Use notes where necessary. Rehearse presentations, if possible, particularly if you are a new representative. You should inform the court if you have not had time to obtain full instructions – eg, in the case of emergency hearings. It may then be in the client’s best interests to request a continuation to allow them to engage with an advice agency, even if this means that the client may have an increased liability for the creditor’s costs.

Be brief

Sheriff courts operate to very tight timescales and sheriffs may expect representations to be short and to the point. Avoid any repetition or wandering off the point.

Summarise

The court wants to know what order it is being asked to make and the reasons why it is appropriate to make it. A written summary of the case, briefly setting out the issues, the facts and any relevant legislation and caselaw is often helpful and can be handed out at the beginning if it has not been possible to circulate it in advance. Take copies for the sheriff and creditor’s representative. This can then be expanded on in the presentation.

Prepare clear documents

Financial statements or other documents used to support a case should be clearly presented and photocopied for the sheriff and creditor’s representative.

Tell the story

Explain the background to the case clearly and concisely in chronological order. Do not assume that the sheriff has read the papers.

Quote precedents and powers

Give clear references and explanations of any past cases cited in support of your case if it is unusual, and the legal powers on which it depends. Reference the court rules, any other legal enactments and any caselaw on which you intend to rely. Take copies for the sheriff and creditor’s representative.

Admit ignorance

If stuck, it is better to admit this and ask for help rather than pretend otherwise. Provided your case appears reasonable, many sheriffs are helpful if they are asked. However, this should never be used as an alternative to thorough preparation of the case. Do not pretend to be a solicitor or allow others to assume wrongly that you are one.

Use court staff

Before the hearing, tell the sheriff clerk that you wish to speak on the client’s behalf.

How to address the sheriff

The sheriff should be addressed as ‘My Lord’ or ‘Your Ladyship’.

Look smart, be polite, speak clearly

Wear smart clothes (or apologise for your inability to do so – eg, if it is an emergency application). It is usually acceptable for lay representatives to dress less formally. Use standard English where possible; slang may not be understood and will almost certainly not further your case. Appear as confident as possible without being ‘cocky’. Be respectful and pleasant. Use eye contact and smiles to retain the attention of the sheriff.

Know your own limits

Do not attempt to represent a client in court without being aware of all the possible outcomes.