The art of criminal defence advocacy is as much about strategic thinking and forensic decision-making as it is about legal knowledge. Recent insights from Judges Nicole Kefford and Michael Williamson KC of the Planning and Environment Court, as reported in the Queensland Law Society’s Proctor article “Judges urge decisions in advocacy” (21 August 2025), reinforce the critical importance of these skills for practitioners at all levels.
The Imperative of Forensic Decision-Making
Judge Williamson KC emphasised that the core value lawyers bring to their clients is “forensic decision-making.” Defence lawyers are not simply conduits for instructions or passive participants in the process; rather, they are engaged to make informed, tactical decisions at every stage of a matter. Advocates are required to distil the issues, identify the strongest points, and make clear choices about which arguments to pursue.
Strategic Thinking: Beyond the Obvious
Strategic thinking in criminal defence involves more than responding to the prosecution’s case. It requires a proactive approach: anticipating the likely direction of proceedings, understanding the personalities of the witnesses, and weighing the risks and benefits of various tactical options. Judgment, as her Honour Judge Kefford reflected, is honed through experience, and that failing to make forensic calls can leave advocates exposed to difficult questions from the bench.
The development of sound forensic judgment is a process. For criminal defence practitioners, these judicial insights translate into several practical imperatives:
- Be decisive: Make clear, reasoned choices about which issues to contest and which to concede.
- Prepare thoroughly: Anticipate judicial concerns and be ready to justify your forensic decisions.
- Reflect and adapt: Learn from each matter to sharpen your strategic instincts for future cases.
Conclusion
Forensic decision-making and strategic thinking are not optional extras in criminal defence—they are fundamental to effective advocacy. Defence lawyers must embrace these skills as central to their professional practice. In this age of artificial intelligence and tools aimed to increase knowledge, it is the strategic thinking and analysis, and forensic decision-making that sets Robertson O’Gorman Solicitors apart.
“Judges urge decisions in advocacy,” Proctor, Queensland Law Society, 21 August 2025.
Written By Emma Higgins
Robertson O’Gorman Solicitors is Brisbane’s preeminent criminal defence firm, with a legacy of over 40 years of legal excellence. Their team includes accredited criminal law specialists and former prosecutors who consistently appear across Magistrates, District, Supreme and appellate courts. As a First Tier firm recognised in Doyle’s Guide 2025, they deliver strategic, early stage legal advice – often before charges are laid – to preserve rights and achieve optimal outcomes for clients. Known for fearless yet compassionate advocacy, the firm combines deep courtroom experience with a commitment to social justice, integrity and tailored client care
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (07) 3034 0000.