Book Review: Morris: Technique in Litigation

• Jurisdiction: South Africa
• Date: 16 August 2019
• Citation: (2010) 22 SA Merc LJ 618
• Published date: 16 August 2019
• Author: Amelia Costa
• Pages: 618-619

Morris: Technique in Litigation. By John Mullins SC and Carlos da Silva SC.

Claremont: Juta & Co Ltd. Sixth edition. 2010. xlv, 452 pages (soft cover).

Price: R643.00. ISBN: 9780702184581.

Morris SC was described as meticulous, methodical and thoughtful in the

preparation and presentation of his cases. Technique in Litigation was f‌irst

published in 1969 and twice revised by Morris SC before his death in 1989. In

the October 1989 In Memoriam section of the journal Consultus,hewas

commended as having been the ‘ideal advocate’ described in his book. More

than forty years since the f‌irst publication, this book has not lost relevance to

what constitutes the ideal practitioner.

‘[N]o book will produce a genius’, the author explains, ‘no tome is a

substitute for hard work and no work will ever convey all that can be learned

from personal experience....’ (at 1). The book’s primary objective is to serve

as a mentor to young litigation lawyers – a literary principal to a candidate

attorney and a master to a pupil. Although reading the book is no substitute

for labour and experience, the book does capture years of knowledge and

acumen that could well limit the practical ignorance of a young litigant. The

contents of the book range from discussions and examples of the differences

in the role and function of counsel and attorneys, the technique of pleading,

preparing a case for trial, conducting trials, leading witnesses, the application

procedure, criminal cases and cases on appeal.

The book does not hold itself out to be an authority or commentary on the

Rules of Court or a textbook for civil procedure or substantive law. It is a

guide for practitioners, young and old. Young practitioners or scholars of law

will f‌ind it riveting to read about the vagaries of litigation and be inspired to

become the best practitioners they can be. And experienced litigation lawyers

will enjoy the practical examples and will do well to measure themselves

against the ‘ideal practitioner’.

It is said that the f‌irst version of Technique in Litigation was written in

longhand and that Morris SC had blisters on his f‌ingers from writing the book

in one stretch. Readers may similarly f‌ind themselves reading through the

book in a single day as the humour, practical examples and anecdotal wisdom

are as captivating as a thriller. And the footnotes are not to be missed,

containing passages as varied as those from Alice in Wonderland,The

Merchant of Venice or Voet.

(2010) 22 SA Merc LJ

618

(2010) 22 SA Merc LJ 618

© Juta and Company (Pty) Ltd