Making decisions and providing written reasons to explain them should be undertaken carefully. They not only need to be factually and legally defensible, but understandable to the target reading audiences – which can sometimes include a lay reader or member of the public.
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair:
9.00am to 1.15pm Decision Making and Reason Writing
Under the exceptional guidance of expert legal decision making trainer, Bob Milstein and former County Court Judge, Chris O’Neill throughout this interactive session you will explore reasoning and resolving questions precisely, including:
- What are reasons for decisions
- Structuring decisions from beginning to end
- What should be discussed
- Style and voice in decision writing
- Writing for your audience: reader-focused, clear decision writing: tips and traps
- Selecting and using words in sentences and paragraphs
- Your document as an exercise in persuasion
- Traditional legal writing habits that often stand in the way of clarity, conciseness and transparency — and how to fix them
This program will be jointly presented by:
Chris O'Neill: former County Court judge. Chris will draw not only on his extensive experience on both sides of the bar table, but also on his role as a trainer of judicial decision writers
Bob Milstein, lawyer and plain language trainer (Words and Beyond). Bob has been providing plain English/clear writing training to a wide range of technical writing cultures over the last 20 years including administrative decision makers and tribunals.
*There will be a 15-minute break partway through the session to refresh and recharge.
Presenters
Bob Milstein, Principal, Milstein and Associates
Bob Milstein is a practising lawyer, specialising in health law and also a plain English trainer and document writer. His background in health law – and in particular health care liability litigation – initially sparked his interest in the importance of clear and reader-focused communications. Bob has been running clear writing/plain English training for more than 18 years, and in that time has provided a range of training services to law firms, regulators, government, business, insurers, tribunals and researchers.
Chris O’Neill, former Country Court Judge
Christopher O’Neill was admitted to practice in the Supreme Court of Victoria in 1979. He began his career as a solicitor in general practice. He joined the Victorian Bar in 1991, practising in various areas of common law, including personal injury actions, torts, insurance law, medical negligence claims, professional disciplinary tribunals, and Coronial Inquests. He also regularly undertook mediations in those areas. In 2007, he was appointed as a Judge of the County Court, where he served in both common law and criminal jurisdictions. He held the position of Judge in charge of the Common Law Division from 2015 to 2018 and served as the Judge in charge of the Appeals and Post Sentence Applications List from 2019 to 2021. Over the years, he has taught advocacy as part of the Victorian Bar’s South Pacific Advocacy Training Program in Papua New Guinea and the Solomon Islands. He has also lectured in the Victorian Bar’s Bar Readers’ Course and taught judgment writing within the County Court, through the Judicial College of Victoria and to various other legal institutions. He retired from the County Court Bench in December 2021. He was appointed a sessional member of the Post Sentence Authority in 2022. In 2023, he was appointed to the Judicial Services Commission to investigate matters under the Judicial Commission of Victoria Act 2016. He has commenced practice as a mediator, focusing on medical negligence, common law in particular personal injury, institutional abuse and professional liability claims.
