25 Things I’ve Learned: David Maddison’s Reflections from 25 Years as a Barrister

As we celebrate 25 years of David Maddison’s remarkable career at Cobden House Chambers, we’re excited to share his reflections in this light-hearted yet insightful "25 Things I’ve Learned" article—also humorously titled "25 Mistakes I've Made So You Don't Have To."

With a wealth of experience in family law, care work, and advocacy, David offers a mix of practical advice, humor, and personal musings. Covering everything from courtroom nerves to the art of cross-examination, we’ve pulled together his 25 tips that will resonate with anyone practicing at the Bar.

I know I have a reputation for being calm at court. It's not difficult. Keep your eyes on the horizon - the horizon is always stable.
You never look as nervous as you feel. People can't see butterflies or a dry throat. What they see is someone in a suit who looks confident. Be that person because you are that person. And your confident-looking suit-wearing opponent? They only look like that because you can’t see their nerves. To that extent confidence is largely a trick you should learn to play on yourself.
Don't fight nerves like a boxer, ride them like a surfer. If you try and fight nerves you will always lose. Better to accept you might get nervous doing something because then there's no surprise or disappointment when you do, so then you can just focus on riding the waves. Saying "I'd be great at advocacy if it wasn't for the nerves" is like saying "I'd be great at skydiving if it wasn't for the gravity." Nerves are part of the gig, and certainly to start with.
Sitting as a judge has made me a better advocate. Think about doing it.
Not unrelated to the above point, a judge will probably read the shortest case summary first. A case summary/position statement over 4 sides is almost always too long. Multiply the length of your position statement by the number of parties in your case, then multiply that by the number of cases in the list and tell me you wouldn't read the shortest one first.
One point per paragraph, which means there’s nothing wrong with a one sentence paragraph. Therefore bulletpoints are a very effective way to communicate.
Ushers are second only to judges in power and in some courts even that’s a moot point.
We've all had ethical dilemmas so nobody will ever begrudge you asking about yours. They don't have to be in your chambers. You don't have to know them. Just say, "Do you mind if I run an ethical issue past you?" and they will listen.
People having the confidence to speak openly about their sexual orientation on application forms is probably the greatest evidence of social progress I've seen in my life. At the start of my career I knew several pupils who remained largely closeted even when they got tenancy. Bad, bad old days.
Judges are getting younger. No, they really are.
In childcare work leave your ego at the door. "Judge not lest ye be judged", and all that. Parents rarely choose to get into the situation they are in so compassion is probably more useful then judgement. "There but for the grace of God" might also apply here.
"Yes" and "no" are perfectly good answers to a judge's question, and in fact should be encouraged. Don't over-elaborate, be more complicated than needed, go on to long, over-elaborate or repeat yourself
You'll make mistakes. Own them and own up to them. It's never as bad as it seems in that first "oh crikey" moment
Your clerks are like the most high-maintenance girlfriend/boyfriend you will ever have. You'll generally feel slightly inadequate speaking to them but they are also your most loyal supporters
The Bar Council Ethics Hotline is your second best friend after your conscience. "If it feels wrong it probably is wrong" is the best rule of thumb I've heard for ethics, but don't forget to sound others out as well
"If you don't want the other side to see it, you probably should disclose it" is the best rule of thumb I've heard on disclosure. Both rules of thumb told to me by John Rowe KC
Garamond is more elegant than Times New Roman. Be elegant
The greatest compliment anyone has paid my written work was that it was “crisp”. Also be crisp
If a witness is lying lead your cross-examination with credibility as it casts a shadow over all their evidence. If left until after some plausible evidence it has less impact. This is something I've learned and practiced only in recent years, so…
You're never too old to learn and practice new things
Be nice to the staff. Not because it might get your case on sooner but because they're human, they do a good job and you're going to be seeing them for many years to come
Cross-examination is not angry examination. An oldie but a true-ie
There is a point as you work into the wee small hours where it's probably better for your client if you are well-rested rather than perfectly well-read. I work very late but have never done an all-nighter because clients pay me to be alert and forensically agile, not tired.
Always go for the one you don't need. The maxim used to be "full pen, empty bladder" but people don't really use pens anymore. This applies to watching football too
Learn to read reports quickly, so that's generally starting from the end. I often get 2-3000 pages to read overnight. Guess what - nobody can do that. I’m hoping AI might help with this problem
There are downsides to self-employment so enjoy the upsides. I loved nipping off to the cinema when a case finished early. Once in pupillage I bunked off to watch "Looking For Richard" for the afternoon (on the advice of a tenant, obvs.)
You will get complaints. We deal with people who are angry, emotional and hurt, so it’s an occupational hazard. Let your Clerks and the BMIF know
As any usher will tell you, when a barrister says they’ll only be another 10 minutes they really mean 20, and when a barrister says they’re doing “25 things I’ve learned” they mean 28.

With 25 years at the Bar, David has earned a wealth of insightful lessons that are relevant to anyone in the legal profession. His reflections provide valuable guidance while maintaining a light-hearted tone, making them both engaging and memorable, regardless of your stage in your career.

If you would like to learn more about David's practice, you can visit his profile here.