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The Complete Advocate 2nd Edition Ronnie K.
Boodoosingh Digital Instant Download
Author(s): Ronnie K. Boodoosingh
ISBN(s): 9781483649221, 1483649229
Edition: 2
File Details: PDF, 1.98 MB
Year: 2013
Language: english
The Complete Advocate
Second Edition

Ronnie K. Boodoosingh
 Copyright © 2013 by Ronnie K. Boodoosingh.

Library of Congress Control Number: 2013910191

ISBN: Hardcover 978-1-4836-4921-4
Softcover 978-1-4836-4920-7
Ebook 978-1-4836-4922-1

All rights reserved. No part of this book may be reproduced or transmitted in any form or by
any means, electronic or mechanical, including photocopying, recording, or by any information
storage and retrieval system, without permission in writing from the copyright owner.

Rev. date: 06/29/2013

To order additional copies of this book, contact:

Xlibris Corporation
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137136
 CONTENTS
Dedication
Acknowledgements
Author’s Note
The Foundation
1. Introduction
2. Attitude and Qualities
3. What Lawyers Do
4. Time Management
5. Interviewing Clients
6. Case Preparation and Analysis
7. Preparing a Case Under CPR
8. Case Management
9. Strategy in Litigation
10. The Psychology of Advocacy
Written Advocacy
11. The Advocate as a Writer
12. Legal Research
13. Letter Writing
14. Opinion Writing
15. Advice on Evidence
16. Taking Notes
17. Taking Statements
18. Pleadings
19. Preparing Summaries
20. Witness Statements, Affidavits and Expert Reports
21. Evidence in Civil Cases
22. Skeleton Submissions and Arguments
Oral Advocacy
23. Presentation Skills
24. Addressing the Court
25. The Argument
26. Submissions and Applications
27. Civil Applications
28. No Case Submissions
29. Opening Addresses
30. Bail Applications
31. Examination in chief
32. Cross-examination
33. Re-examination
34. Common Objections
35. Closing Addresses
36. The Plea in Mitigation
37. Appeals
Professional Practice and Ethics
38. Courtesies and Traditions
39. Things Lawyers Say
40. Ethical Rules for Advocates
41. The Future of Advocacy

Epilogue
Further Reading
 DEDICATION

For my parents, Leila and Steve,

for their support, sacrifices and example.
 ACKNOWLEDGEMENTS
This second edition has been a work in progress for some time. Much has
happened since the first edition was published in early 2006. Joining the
High Court as a judge in 2007 gave me the opportunity to see advocacy
from two new perspectives. First, in the criminal court, it was looking on as
advocates tried to persuade juries. Second, in the civil court, it was being
actively engaged as they sought to persuade me both orally and in writing.

I feel more confident now to speak on the subjects of advocacy and

persuasion since I have had to think about what is good advocacy and what
is persuasive to me. I have also had the benefit of many conversations with
colleagues about what is persuasive to them.

This edition has brought about substantial changes. Three new chapters
have been added. Most of the chapters have been added to, some
considerably, and all have been rewritten to an extent. I have tried to prune
the language used to be clearer, cleaner and more pointed. Many more
examples have been included in an attempt to make this edition more
practical.

I start by acknowledging all the persons who contributed to the first edition.
The appreciation expressed in the first edition still holds. I wish here to at
least record their names, in no particular order. I thank my first Chamber
mates at J.D. Sellier and Company, namely, Reginald Armour SC, Frederick
Gilkes and Andre des Vignes and I thank all of the outstanding instructing
attorneys who worked there. I thank Hendrickson Seunath SC, Justice
Rolston Nelson and Indra Ramoutar-Liverpool. I thank Justice Annestine
Sealey who was the Principal of the Hugh Wooding Law School during my
time there for the support and opportunities she afforded me. I thank some
loyal friends: Ronnie Persad, Kathy Gonzales and Lesley-Ann Banfield-
Khan. I thank some of my former students: Lyn Lopez, Christopher
Sieuchand, Amiri Moses Dear and Justin Junkere. I also thank Kathleen
Rochford (rest in peace Mrs R.), Cheryl Ann Jerome-Alexander and
Maurica Ramnarine Singh. I thank Christian Gurley and the staff of The
Book Specialists. I thank my brother, Clifford.

There are two persons, in particular, who contributed significantly to this

edition. Timothy Affonso read all of the chapters and gave useful comments
on them. Roshan Ramcharitar read all of the chapters at least twice. He
made incisive comments and editorial suggestions and he proof-read the
entire manuscript. To both of these excellent lawyers I am very grateful.

I am also grateful to the many persons who made comments and useful
suggestions on the first edition. These persons included the present
Principal of the Hugh Wooding Law School, Miriam Samaru, colleagues at
the Law School and students.

This edition had to be written outside of the time spent performing my

judicial duties. I am eternally grateful to my wife, Aberleen, and my
daughter, Amiya, for their complete support by excusing me from family
time far more often than they should have had to as I worked on this book.
My wife’s keen eye for detail also kept me on my grammar toes. Thanks
very much.

This book, as was the first edition, is dedicated to my parents for all they
have done for me.

I also thank you, my dear readers, for being willing to read what I have to
say.

Ronnie K. Boodoosingh
21 May 2013
 AUTHOR’S NOTE
This book has been written so that each chapter is self-contained. As a
result there has necessarily been some repetition. This is inevitable since
there are many common factors which make the different aspects of
advocacy persuasive. The chapters, therefore, may be read in order from 1
to 41, or randomly.

This book has also been written with the Civil Proceedings Rules (or Civil
Procedure Rules in the Eastern Caribbean) in mind. All of the
Commonwealth Caribbean jurisdictions should soon enough be governed
by new civil rules. However, since this is not a book on civil procedure (or
criminal procedure for that matter) the focus is not on procedure. It is a
book about advocacy. Rules are tools for the advocate. Where procedural
matters have arisen, therefore, the references have been general. I have
concentrated on how the procedure impacts on the performance of the
advocate.

My disclaimer then is that this is not a reference book or source of

procedure. Advocates must familiarise themselves with the applicable law
in their respective jurisdictions.

I have included a Further Reading list at the back. All of those books have
been helpful to me during my career. I commend them to you as well.
The Foundation
 CHAPTER 1
Introduction
What is Advocacy?
All lawyers are advocates.

To be effective, lawyers must learn the skills of advocacy. This book is

about the skills of advocacy needed from the start of a case to its end.

The Concise Oxford Dictionary defines an advocate as “a person who

supports or speaks in favour, a person who pleads for another, a
professional pleader in a court of justice”. What the advocate does is, “to
recommend or support by argument a cause, policy etc. or to plead for,
defend”.

By this definition, most human beings are involved in advocacy almost

every day of their lives. It takes place when we speak in the courtroom, but
also in many other ways such as when we write a letter; talk at a lecture;
discuss issues at a meeting; make a point in a boardroom; try to convince a
spouse or partner to attend an event; attend a job interview; ask for a raise
in pay; ask someone out on a date; bargain for a discount at a store; appeal
at a cricket match; and plead for an official to do his or her job. It even
extends to when we beg a bandit not to harm us. The skills of advocacy are
useful in our daily lives whether or not our lives involve dressing in black
and entering a courtroom.

Central to effective advocacy is case preparation. Case preparation does not

begin on the day of the court hearing. It begins from the first act: when the
lawyer meets the client to hear about the problem. What is done, or not
done, at the beginning, always impacts on what happens when the case is
heard. Knowledge of ethics, traditions and court etiquette is also
indispensable. This book introduces the lawyer to the early steps right up to
the final presentation of the case. It is about “The Complete Advocate”.

Who is This Book For?

This book is written mainly for law students and newly admitted lawyers.
However, more seasoned practitioners will find reminders of what they
should do, especially after years of bad habits and eccentricities have
stepped in. Individuals concerned about improving their presentation skills
and others wishing to learn more about the curious practice of advocacy,
may, I dare say, encounter interesting bits of advice. Persons who prosecute
and appear in tribunals or quasi-judicial proceedings may also come across
useful tips. On a wider scale though, any person who wants to learn more
about how to be an advocate, even in his or her own cause in meandering
through daily life, can find helpful principles to apply.

Why I Wrote This Book

The drive for writing this book came from my responsibility for the Trial
Advocacy Programme at the Hugh Wooding Law School and the need to
have a reference book for students learning the skills of advocacy. It is now
well recognised throughout the Commonwealth, and in other common law
countries, that the skills of advocacy can be learnt and taught. Constant
practice, self evaluation, and occasional review of your advocacy
performances by competent trainers, can enhance your skills. By gaining
experience, your abilities grow.

Most law schools offer a programme of advocacy training. In the

Commonwealth Caribbean such training has, in recent times, expanded
significantly. Lectures, tutorials, workshops, competitions, and mock trials,
all contribute to producing competently trained advocates. This book is
intended to be a guide as the skills are learnt.
Part of the impetus for writing this book also came from my observations of
practice and the comments of judges, magistrates, and practitioners,
concerned about the standard of advocacy in the Commonwealth
Caribbean. During my visits as a lecturer to the different jurisdictions in the
Commonwealth Caribbean, judges, magistrates and practitioners spoke
about the major areas in which improvement in advocacy was required.
These spheres included court behaviour and etiquette, skills, and the
attitudes and values of attorneys. Comments related to the need for better
preparation at the early stage of a case and how that preparation affects the
overall presentation of it. Sitting as a judge has added to my conviction
about the need for lawyers to improve their advocacy skills.

The Connection from Beginning to End

The inexperienced advocate often does not recognise the intimate
connection of the end product to the early inputs in the preparation of the
case. For example, when an advocate does not lead sufficient evidence from
a witness, this is usually a reflection that a full statement was not taken.
This in turn shows that the interview was probably inadequate, and that
before the interview, sufficient thought was not given to planning and
research. Inadequate planning and research is sometimes caused by faulty
time management. Faulty time management may be related to lack of
proper organisation and systems in the set up of the practice.

Even if the early stages were adequately dealt with, a deficient examination
in chief or cross-examination may be the result of lack of case analysis or
inadequate attention to developing a case theory. When the advocate misses
important arguments in the closing address, this can sometimes be
connected to bad note-taking skills or failing to marshal the available
evidence. When words fail the advocate, it may mean that he or she does
not read widely enough and has not developed a large enough vocabulary.
On the other hand, when the advocate uses too many big words, and by
doing so alienates the jury, thought was probably not given about how to
communicate with the specific audience. Everything is connected. Every
step impacts on another.
This book seeks to emphasise the bond that exists among all of the elements
involved in advocacy. Attention to each is vital.

Some advocates are better at certain aspects than others. A person may be
good at delivery, but may lack the discipline required to consider details or
may not have a structured approach to preparing. Another person may be
adept at research and writing, but may need to improve on his or her
confidence in public speaking. The complete advocate is someone who,
while having particular strengths, is at least effective in each important
aspect of advocacy. Learning advocacy requires searching for ways to
refine your strengths and to overcome your weaknesses.

The following lists set out some of the major areas emphasised in this book
and which the complete advocate must surely grasp.

Skills
• Thorough preparation of cases, including the identification of relevant
case theories, research, organisation of material, making notes and
applying strategy.
• Effective client interviewing and taking of witness statements.
• Drafting precise, clear, and persuasive, letters, opinions, advices,
pleadings and skeleton arguments.
• Delivering thorough, structured and convincing arguments and
speeches.
• Conducting competent examinations in chief and cross-examinations.

Court Behaviour and Etiquette

• Learning appropriate attire for court and presentations.
• Becoming at one with the language of the court.
• Understanding the customs and traditions of practice.
• Learning appropriate body language.

Attitude and Values

• Being professional and treating others with respect.
 • Committing to continuous learning.
• Internalising the rules of ethics for advocates and following them.
• Accepting that lawyers are responsible to their communities and have a
duty to uphold the rule of law and to promote human rights.

Learning these skills requires becoming competent in both substantive and

procedural law. In his or her sphere of practice, the advocate must learn
about criminal practice and procedure, the civil justice system, and the law
of evidence. On the substantive law side, the lawyer must gain, in the
course of study, knowledge of law in various areas. If the lawyer does not,
certainly he or she must learn how to find the law. This also requires
developing skills of legal writing and research, drafting, interviewing,
advising, management of time and management of the office, negotiation
and mediation, and the forensic skills of advocacy.

These categories relate to the conduct, manner, professionalism and ethics

expected of the advocate. Advocates are members of one of the oldest
professions. Many rules and practices have developed. Advocates are
expected to follow them. Many of these rules and practices exist to ensure
good service to clients, but they are also there to protect lawyers in their
relations with the court, other lawyers and their clients.

Advocates must be concerned about the society in which they live. They
must believe in justice and they must appreciate the role law plays in the
proper functioning of a society. At the very least, this is for the self serving
reason that a society that is lawless has little need for lawyers.

Advocates must know so much more though. They must learn how to
behave, think, discern, argue, observe, and speak. They must learn when to
speak, and when to let silence speak for them. Advocates must know how to
become detached from the work they do. Otherwise, the burdens of their
clients will eventually consume and overcome them.

Advocates must experience life and study human nature and behaviour.
Much of their time will be spent trying to convince others to accept why a
person would have behaved in a particular way, in a given situation. Often,
they try to find reasons for patently unreasonable conduct.

In the last few years sitting as a judge, I have also had the exceptional
privilege to observe the practice of advocacy from a wholly different
perspective. I have seen lawyers battle in front of juries and I have seen
lawyers try to persuade me. This has given me a special insight into what
works, with me at least, and what does not. I have also heard from many
judicial officers their likes and dislikes. The experience has confirmed
much of what I thought (and teach) as an advocacy teacher. I therefore feel
far more confident about offering advice.

Judges like proper preparation. They like clarity and simplicity. They like
straightforwardness and professional conduct.

This book is about these themes. It seeks to deal with aspects of the many
categories of skills noted above. The reader will no doubt judge if it makes
a contribution to maintaining high standards where they already exist or to
improving performance where this is necessary. Let’s go then.
 CHAPTER 2
Attitude and Qualities
The Good Advocate
A good advocate must have the right attitude and must possess certain basic
qualities. Much has been written on this topic. I don’t propose to do a
survey of what has been said on the subject, but rather, in this chapter, I
reflect on personal experiences in my development as an advocate. I will try
to pass on what I have learnt from watching those lawyers who I consider to
be good advocates.

There is a distinction between effective advocates and good advocates. In

the Commonwealth Caribbean, as elsewhere no doubt, there are effective
advocates who do not adhere to all of the niceties of the legal profession or
its ethical rules. Some advocates treat witnesses with disrespect and berate
them. Some mislead judges and magistrates on the law and facts. There are
advocates who say and do things in court to ridicule their opponents
intending to intimidate and throw them off as they present their cases. Some
of the advocates who engage in these practices are considered quite
effective. They win cases and they may even be praised and held in high
regard by members of the public.

Many lawyers, also, make a lot of money and are considered successful
even though they do not prepare their cases well and they do not take their
professional responsibilities seriously. Sometimes, especially in the
Magistrates’ Court, you see lawyers’ “briefs” consisting of scribbles in their
diaries, amounting to their clients’ names, and how much they have paid to
date. It is sometimes said that these lawyers “stand up” for their clients.
They are paid to “stand up”. They don’t appear. Some of them receive their
fees in the corridors of the court, or through touts. These touts, because of
many years of experience, are able to identify persons with cases and go up
to them to “sell” their lawyers. The touts receive part of the fees due to the
lawyer. Many of these lawyers very well consider themselves to be
successful. They make plenty money. They drive expensive cars and live in
big houses.

For me though, being good as an advocate does not equate with

effectiveness or success in the terms described above.

As I see it, a good advocate is always properly prepared in cases and is

thorough and comprehensive in research. Such an advocate reads the brief
carefully, masters the law and the facts, and shows confidence that comes
from thorough preparation. This confidence shows even if the advocate is
nervous as the case is coming up to be heard. Once started in court, the
advocate relaxes and takes command.

Nervousness does not cripple the good advocate. The good advocate is
alert, aware, and observant. This advocate knows what is happening in the
court, picks up hints from the Bench, latches on to important bits of
evidence coming from witnesses, reads the mood of the tribunal, and
develops the ability to know when to press further, and when to stop. With
each case, the advocate’s instincts get better. These instincts are borne less
from gut reaction, and more from the experience of interacting with people
and by learning human nature.

In my view, the good advocate treats clients, colleagues, court officials,

witnesses, and the Bench, with courtesy and respect. There is no need to
humiliate anyone. Good advocates are confident and assertive of their
client’s cause, but not arrogant about it.

In winning cases, the good advocate shows humility; and in losing, grace.
Good advocacy requires scrupulous honesty in dealing with clients and the
court. The fees that are fixed must be reasonable and fair. Fees should not
be set to undercut other practitioners or to take advantage of your client’s
financial worth.
The good advocate does not need to use unethical means to attract work.
Clients are pleased with the quality of the work, and tell others. Other
lawyers notice the high standard of the work and may send a client or two.
Reputation grows with the Bench. When judges and magistrates need
assistance with a point of the law, they ask such an advocate to remain in
court to give assistance to them. Eventually, clients come, and the practice
develops. Many good advocates do not feature in the media for long
periods. When they do feature, it is not because they called the reporter to
give the story.

The good advocate is committed to and adheres to ethical conduct and

professional behaviour. Knowing the Code of Ethics, the common law
rules, and the traditions and practices regulating the profession, is essential.
The good advocate is not afraid to ask seniors for advice, and is not averse
to accepting suggestions and corrections from others. The good advocate
passes on what has been learnt to those coming after.

When a more senior practitioner notices something that a young advocate

can improve on, that senior takes a minute or two to point it out. If another
practitioner approaches with a question, the good advocate is willing to
assist if he or she can or is at least willing to point to where help can be
obtained.

Such an advocate keeps up to date with amendments to legislation and new

case law, at least in his or her areas of practice, but is also generally aware
of what is happening in other areas of the law. He or she is familiar with the
use of the Consolidated Index. He or she is involved both as a recipient of
and promoter of continuing legal education, and conducts continuous self
assessment, trying always to improve how the craft is conducted. Good
advocates watch and learn from other good advocates.

Maintaining good relations with the court is central to good advocacy.

Punctuality in attendance, displaying good manners and courtesy, and
maintaining the standards of dress and appearance, are important. This
gives a polished, professional air. Good fashion sense is not inconsistent
with traditional dress. Looking clean, tidy and dignified adds to the lustre of
the performance. Advocacy then is pleasing to both the ears and the eyes.

Regarding professional involvement, the good advocate is supportive of the

activities of the Bar. He or she seeks to preserve the independence of the
profession and will defend the independence of the judiciary and support
the rule of law. A good advocate promotes human rights in its widest sense,
and fairness. There should always be an element of legal aid or pro bono
work in the lawyer’s practice.

The habit of reading widely is important for the advocate. It improves the
command of language, helps to develop critical thinking and discernment,
and enhances creativity in expression. Words, written and spoken, are the
advocate’s tools. Facility in their use is essential. The right word, carefully
chosen, at the right time, enhances persuasion, the compellability of what is
said. Reading widely promotes fluency in thought and speech.

The good advocate is also a person of courage. The nature of the advocate’s
job is to speak for others. The advocate uses forensic skills, acquired over
time, to say or write for others in a way better than those others can for
themselves.

The advocate cannot be afraid to challenge those who must be confronted to

ensure that his or her client is given a fair hearing. Powerful forces and
interests may be in opposition. Sometimes, the advocate must challenge the
court itself if the court is unwilling to afford a fair hearing. Having
discharged his or her duty, however, and used all legal means to vindicate
the client’s cause, the good advocate knows when to let go, and when to
advise the client to let go, and also understands when it is time to move on
to the next case.

Leadership
Advocacy is an act of leadership. The advocate leads the team. The goal is
to do the best that can be done for the client. The advocate takes on the role
of leading others to achieving that goal.
Another Random Scribd Document
with Unrelated Content
 386 THE HOME MECHANIC, but, if the shoe projects
beyond the hoof at any part, and more particularly at the heels, the
foot cannot fill the hole made by the shoe, and stiff clay will cling
round the projection and pull the shoe off. Having so far finished the
shoe, place it on the face o1 the anvil with the toe hanging over the
side, and see that the foot surface of the quarters and heels are
quite level ; then make it hot enough to scorch the hoof all round
and form a bed for itself j without this it would be next to impossible
to insure close fitting, for after you have made the foot as level as
you can with the rasp, and the shoe as level as you can on the anvil,
the chances are very much against their fitting like two planed
boards, as they ought to do ; and the quantity of horn to be thus
removed is so small as not to be worth thinking about. It is a
mistake to suppose that a hot shoe injures the hoof ; it does nothing
of the kind, and you cannot possibly fit a shoe properly without
making it hot. I would not have you burn a shoe into its place on the
foot before you had taken care to make both the foot and the shoe
as level as you could, but when you have done that, the small
quantity of burning that is necessary to make them come close
together can do no harm. I have said before that a weak thin crust
will not bear as much heat as a strong one, and that the shoe should
be applied less hot to it, nevertheless it must be scorched that you
may be sure the shoe fits properly. When you have cooled the shoe,
you should ^' back hole " it, that is, make free openings on the foot
surface for the nails to pass through ; and these openings should be
large enough to take the shanks of the nails and not merely the thin
part toward their points, and mind that in opening them you do not
make the holes incline inward, but take great care to make them
pass straight through the shoe. Before you '' file up " the shoe, hold
it firmly in its place on the foot with both hands, and examine
carefully whether any light appears between the foot and the shoe,
and if you should perceive any, alter the shoe at once ; for the crust
must bear upon the shoe all round before you can say that the shoe
fits the foot as it ought to do.
 THE HOME MECHANIC. 887 FILING UP THE SHOE. Much
time is often wasted in polishing the shoe with the file before it is
nailed on ; but all that is really needed is to remove the burs about
the nail holes,' file off the sharp edges of the shoe and round the
heels, taking care to apply the file hard to that part of both heels
which comes next to the frog, so as to slant it from the ground
upward away from the frog, but you must be careful not to make the
ground surface of the web at the heels narrower in so doing; Fig. 9
shows the foot surface, and Fig. 10 the ground surface of a near
fore shoe. In Fig. 9 A is the clip at the toe, B 1 the outer quarter, B 2
the inner quarter, C 1 the outer heel, 0 2 the inner heel, D the
seating, E the flat surface for the crust to bear upon, F the heels
beveled off away from the frog.
 388 THE HOME MECHANIC. In Fig. 10 A is the toe turned
up out of the line of wear, B 1 the outer and B 2 the inner quarter, 0
1 the outer and 0 2 the inner heels, D the ground surface of the
web, as wide at the heel as it is at the toe, E the fuller carried all
round the shoe, F the inner quarter and heel slightly beveled from
the foot to the ground. NAILS. I must say a few words about the
nails before wc come to nailing on the shoe, because the nails in
common use, Fig. 11, are as badly formed as they well can be ; their
short wedge-shaped heads, wide at tlie top, a, and narrow at the
bottom, &, with shanks springing suddenly from the head without
any shoulder and ending in a long, narrow point, c, are most unsafe
to trust a shoe to. The head of such a nail can never perfectly fill the
hole in the shoe, for the wide top gets tied either in the fuller or the
upper part of the hole before the lower part has reached the bottom,
and when the shoe is about half worn out the head of the nail is
gone and the shank alone is left in the hole to keep the shoe on.
Now the nails I advise you to use, and you had better always make
them for yourself, Fig. 12, should have heads which are straight
sided at the upper part, f7, and gradually die away at the lower part
into the shank so as to form a shoulder, e, which will entirely block
the bottom of the nail hole ; the point/ at the end of the shank
should be short and broad to enable you io form good stout clinches,
which will assist in keeping the shoe firmly in its place until it is quite
worn out. Fig. 11. Fig. 12.
 THE HOME MECHANIC. 389 If you compare the head of the
nail, Fig. 12, at d and e with the head of the nail Fig. 1 1 at a and h,
you will at once see that the head of Fig. 12 is better calculated to
fill every part of the nail hole than the head of Fig. 11 with its broad
top and narrow neck could possibly do 5 and if you compare the
points of the two nails at /and c you will readily perceive which
promises the firmer clinch. Your nails should be made of the very
best nail rods you can get, and they should not be cooled too
quickly, but left spread about to cool by degrees ; the longer in
reason they are cooling, the tougher they will become ; they should
not however be allowed to lie in a heap to cool, the mass keeps in
the heat too long and makes them almost as brittle as if they had
been cooled too suddenly. NAILING ON THE SHOE. If the nails are of
a proper shape, the holes straight through the shoe, and the shoe
fits the foot, it requires very little skill to nail it on ; only put the
point of the nail in the middle of the hole, keep the nail upright, and
drive it straight, it must come out in the right place, low down in the
crust, without the possibility of wounding the sensitive parts of the
foot. The shank of the nail will pass straight through the substance
of the crust, and gain a good, firm hold of it, leaving you the
strongest part, from which to form a clinch. The clinches should be
short and broad, and not thinned by rasping away any of their
substance, but hammered at once into a slight notch made in the
hoof under each ; and the rasp should never be allowed to go over
them after they have been hammered down, for the sharp steel rasp
is almost sure to cut through the soft iron clinch just where it turns
down and leave the appearance of a clinch, when in truth it has
been cut off at the bend, and the loose end only remains buried in
the notch in the hoof. You will do good by rasping below the
clinches, because you will thereby remove the broken horn that the
former nails have destroyed 5 but on no account ever use
 390 THE HOME MECHANIC, the rasp above the clinches, if
yoii do you will tear off the thin outer covering of the hoof which is
placed there to prevent the escape of the natural moisture and to
keep the horn tough, and if you rasp it away you will expose the
horn to the air and it will soon become dry and brittle and make the
hoof difficult to nail to. This thin covering of the hoof is like the
shining covering of a man's finger nail j Fig. 13. and most people
know from experience how dry and brittle and easily broken a finger
nail becomes when by accident it loses that covering. Fig. 13
represents the ground surface of a near fore foot with the shoe
nailed on by five nails, and shows how the shoe should look in its
place on the foot ; Fig. 14 reprepresents the same shoe made
transparent, so that the parts of the foot that are covered by it are
seen through it. A shows the crust B the bars, and C the heels of the
hoof supported by the shoe. By this plan of shoeing the whole
 THE HOME MECHANIC. 391 of the inner quarter and heel
are left free to expand, and I have Invariably found in consequence
of this freedom of expansion, that corns, however long they may
have existed in the feet, disappear altogether after a horse has been
shod a few times in this manner, and never return while the same
plan of shoeing is continued. I may here observe that the nature of
a c orn in a horse's foot is very little understood. It is generally
supposed to resemble a corn on a man's foot, and like it to be
caused by pressure from a shoe, whereas it is a totally different
thing, and is caused in a totally different manner. It is a bruise of the
sensitive sole which lies above the horny sole, and is not caused by
the heel of the shoe at all, but by the heel of the coffin bone which
is forced into the hoof by the weight of the horse when in action,
and as the hoof from bad shoeing is not able to expand and make
room for it, some of the small blood vessels become wounded and
the blood which escapes from them filters through the horny
 393 THE HOME MECHANIC. sole and at last shows itself on
its under surface at the corner of the inner heel, leading most
persons to believe that the bruise began there, whereas in truth it
ends there. SHOEING WITH LEATHER. Many tender footed horses
travel best with a covering over the sole, ajid leather is commonly
used for the purpose. In former editions of my book I recommended
gutta percha and waterproofed felt as being far preferable to leather
in consequence of their power of resisting wet, and thereby retaining
their form under every change of circumstance ; but I am sorry to
say that the gutta percha of commerce is now so badly adulterated
as to be utterly useless for horseshoeing purposes, and
waterproofed felt, such as I formerly used, is no longer to be
procured. I have endeavored to iina some other substitute, but
hitherto without success, and I am obliged to submit to using leather
in spite of its defects, which are certainly great ; for when it is
wetted it becomes soft and heavy and yielding, but in drying again it
contracts and hardens, causing frequent changes of pressure which
are very undesirable qualities in the covering for a horse's frog ; still
whatever covering you use must be put on the same way, so I will at
once tell you how to do it. You must fit the shoe to the foot with as
much care as if nothing were to be put under it, and when it is filed
up and ready to be put on, lay it with the foot surface downward on
the covering whatever it may be, and mark the form of the shoe
upon it with the end of the drawing knife, then cut the piece out, put
it in its place upon the shoe and fix them both in the A^ce, which
will hold them close together while you carefully cut the edge of the
covering until it agrees with the edge of the shoe, then turn them in
the vice together so as to bring the heels of the shoe uppermost,
and cut out a piece from heel to heel, slightly curved downward in
the center that nothing may be left projecting for the ground to lay
hold of. The next thing to be done is to smear the whole of the
under surface
 THE HOME MECHANIC. of the foot witli common tar mixed
with a little grease, but be sure that you never use gas tar instead of
the other, for it dries up the horn and makes it m, hard as flint,
whereas common tar keeps it moist and tough ; then you must fill
the hollow between the frog and the crust on both sides with oakum
(which is better for the purpose than tow) Mg. 15. dipped in the tar,
pressing it well into the hollow until the mass rises abDve the level
of the frog on each side, but n3ver put any oakum upou the frog
itself excepting a piece in the cleft to prevent the dirt and girt
working in ; very little is ever wanted on the sole in front of the frog.
The use of the oakum is to protect the foot, but more especially the
navicular joint, which lies above and across the frog, from being
jarred by stones on a hard road, and the best way of doing this is to
fill the space on each side of the frog with oakum in such a manner
that it shall share the pressure with the frog and prevent the full
force of the shock from falling on the navicular joint.
 394 THE HOME MECHANIC. The usual mode of stopping a
foot is to place a thick wad of tow over the whole surface of the sole
and frog, making bad worse by adding to the projection of the frog,
and causing it to meet the ground sooner and receive the full force
of the jar. Fig. 15 shows a foot pro^prly stopped and ready for
shoeFig. 16. ing. The ends of the oakum that is placed in the cleft of
the frog, are collected together and carried across the body of the
frog, to be mixed with the oakum on one side, which keeps it in its
place in the cleft and prevents it working out behind. You must now
nail on the shoe with five nails, exactly as you would do if there was
nothing under it, and if you have attended to the fitting there will be
no fear of the shoe shifting or coming off. Fig. 16 shows a foot
properly shod with leather, and also the shape to which the leather
should be cut between the heels of the shoe.
 THE HOME MECHANIC. 395 THE HIND SHOE. The hind
shoe, like the fore shoe, should he brought in at the heels and be
made to follow the exact shape of the hoof J but as the weight of
the horse falls differently on the hmd feet to what it does on th3 fore
feet, and as the ridet often obliges the horse to stop suddenly and
without warning, when he is least prepared to do so, it becomes
necessary to guard against strains of the hock and ba
 396 THE HOME MECHANIC. front of the toe of the hind
shoe striking against the heel of the fore shoe, but that is a mistake
; the sound is produced in this way : when the horse raises his fore
foot from the ground and does not instantly throw it forward but
dwells in the action, the hind foot following quickly is forced into the
opening of the fore shoe before the fore foot gets out of the way,
and the corners of the broad toe, made still broader by the clips at
the sides, are struck against the inner rim of the web of the fore
shoe on each side just behind the quarters, and cause the
unpleasant clicking sound. The way to avoid this disagreeable noise
is to make the hind shoe narrow at the toe and rather pointed with a
small clip in the center, and to leave the hoof projecting beyond the
shoe across the toe ; then the projecting horn of the hind foot will
enter the opening of the fore shoe held up to receive it, and be
stopped by the sole or frog before any part of the two shoes can
come together, and the noise will cease. I have said that you should
round off the back edge of Fig. 17. the web at the toe to prevent an
over reach. It is commonly supposed that this also is done by the
front of the* toe, whereas it is always done by the back edge,
which, in a well worn shoe, becomes as sharp as a knife. Now if ihQ
horse in galloping does not lift his fore foot from the ground and
throw it forward in time to make way for the hind foot, the hind foot
over reaches it and cuts a piece out of the soft parts above the heel
and produces a very troublesome wound.
 THE HOME MECHANIC. ^97 The hind foot expands less
than the fore foot, still you should place the nail holes so as not to
confine the foot. For some years I shod niy light horses as an
experiment with only six nails in each hind shoe, and I found it to
answer very well for them, but six were not enough to prevent the
hind shoes of my large carnage horses from occasionally shifting on
their feet ; I therefore shod tbem with seven, and I recommend you
as a general rule to put seven nails into the hind shoes of all hunters
and other horses that are likely to be frequently called upon to exert
the muscular powers of their hind quarters to their fullest ex 
 398 THE HOME MECHANIC. tent. The holes on the inside
should be stamped closer together than those on the outside, and
they should be placed forward toward the toe so as leave the inside
quarter and heel free to expand. A small foot can be safely shod
with six nails, and no foot can ever require more than seven. Fig. 17
represents the side view of a near hind shoe with the foot surface
uppermost, showing a level portion for the crust to rest upon, the
heels being raised in the manner I have described above, and the
toe made stout and pointed with a small clip in the center. Fig. 18
shows the ground surface of a near hind shoe with the toe rather
pointed and the back edge rounded, and the nail holes properly
placed when the foot is large enough to require seven. CUTTING.
Horses strike their feet against the opposite leg in such a variety of
ways both before and behind, that it is impossible to form a shoe
that would suit every case of " cutting ;" I therefore advise you,
whether the horse cuts before or behind, to fasten something like a
boot, covered thickly with wetted pipeclay, over the place where he
strikes the leg, and then trot him along the road ; he will soon pick
off some of the pipeclay with the opposite foot, and show you the
exact part of the shoe he strikes with, which you can easily alter in
the new shoe ; and you will often be surprised to see how small a
matter causes the mischief. REMOVING. The time at which a
horse^s shoes should be removed, must depend very much upon
circumstances. If a horse wears his shoes out in less than a month,
they had better r.ot be removed ; and horses with thin, weak horn,
which grows slowly, are likewise better left alone between each
 THE HOME MECHANIC. 399 shoeing, unless their shoes last
seven or eight weeks, in which case they should be removed once
within the time ; but horses with strong feet, and plenty of horn,
that wear their shoes four or five weeks, should have them removed
at the end of a fortnight ; and when the horses are doing so little
work, or wear their shoes so lightly that they last over two months,
they should be removed every two or three weeks, and at the
second removal the shoes should be put in the fire, and refitted, or
the feet will out-grow the shoes, as the horn grows much quicker
when a horse is idle than it does when he is in full work. Having now
gone carefully through all the circumstances necessary to good
shoeing, and stated the reasons why certain things should ahvays be
done, and certain other things never done, I will repeat shortly the
few things which are to he done J in the order in which they occur,
and you will find that they are really very few, when separated from
the reasons and explanations. Raise the clinches with the buifer.
Have only one foot bare at a time. Pare out the foot ; but leave the
frog alone. Cut ofl" the heels of the shoe, as 1 have directed. Open
the nail holes straight through the shoe. Form a clip at the toe, and
turn up the toe of the shoe. Fit the shoe with great care to the toe,
quarters and heels. Heat the shoe, and apply it to the foot, to see
that the crast has a fair bearing upon it. Cool the shoe, " back hole
^^ it, and file it up. Nail it on with five nails, coming out low in the
crust. Hammer down the clinches without rasping them, and only
rasp the hoof below them. GENERAL OBSERVATIONS. I have said
that five nails are sufficient to hold on a fore shoe at any kind of
work, in any country and at any pace, and I again advise you to
employ that number, placing
 400 THE HOME MECHANIC. three on the outside of the
shoe, and two on the inside, because I know from experience that
with the very commonest care on the part of the smith, they will
hold a shoe through any difficulty of ground or pace, but I am
prepared to prove that they are more than sufficient for the purpose,
and to show that many smiths can and do keep on a fore shoe by
three nails only, two placed on the outside and one on the inside.
For sixteen years I never, in a single instance, had more then three
nails in the fore shoe of any one of my six horses, and they have all
been shod with leather, or some other covering to the sole during
the whole time ; some of them did not particularly require it, but
having commenced it as an experiment, and finding no
inconvenience from it, I have gone on with it, even with a carriage
horse, which has grown to rather more than seventeen hands high,
and he too has continued to carry his shoes, leather and all, quite
safely with only three nails in each fore shoe during the four years
that he has been in my possession. Cases are recorded of horses
having done a variety of work with only three nails in each fore shoe
5 and I will now add another which happened to a horse of my own,
which ought to set the question at rest, supposing any doubt still to
exist as to the capability of three nails to hold a shoe. The horse was
twenty-eight years old at the time ; he was a high stepper, and
impetuous in company, and had large flat feet which grew horn very
sparingly, so that it was quite necessary to protect his feet by a stout
shoe with leather and stopping under it. He happened to be a
particularly good lady's horse for one who had plenty of nerve and
could ride well, and I lent him to join in a large riding party of ladies
and gentlemen on a visit at a friend's house, who took long daily
rides in a very hilly district regardless of pace, over commons
covered with heath, furze and stones, through rough stony lanes
and in every variety of ground, and although his shoes had been on
ten days when I sent him away he returned to me at the end of five
weeks with his shoe worn out certainly, but firm on his feet and the
clinches all close. I mention this last circumstance because it is a
proof that his shoes had been put on with pro 
 1:he home mechanic. 401 per care ; for whenever you find
a clinch rise you may bo certain that you have done something
wrong ; either the crust did not bear upon the shoe all round or the
nail holes did not pass straight through the shoe, or the heads of the
nails did not fill the bottom of the holes ; any one of these things
may cause a clinch to raise, and a risen clinch is a sure sign of
careless shoeing. I may mention as further proof of the sufficiency of
three nails to keep on a shoe, that Major General Key, when in
command of the 15th Hussars, stationed at Exeter, England, thirteen
years ago, had four horses shod with three nails only in each fore
shoe. Finding how many horses were shod he was induced to try the
plan upon his, and felt so satisfied with the result that he
immediately had the others similarly shod ; and an officer in the
Prussian hussars wrote me that his horses also were shod with three
nails only in each lore shoe, and that he found no difficulty whatever
in keeping their shoes on. But in order still further to test the power
of three nails to hold a shoe, I obtained permission of a builder to
have one of his horses, which was employed in drawing heavy
building materials through a deep clay meadow, shod with three
nails only in each fore shoe. The horse in question was fifteen hands
three and a half inches high, and the shoes that were put on him
were common wagon horse shoes with stamped holes and no
fullering, and each shoe weighed one pound fourteen ounces, and
he carried them safely for a month notwithstanding the heavy loads
he daily drew through the deep, clinging clay in which he worked. I
could state several other cases of successful shoeing with three nails
if it were necessary, but as I have no intention of recommending you
to trust to such slender fastening as your general plan of shoeing, I
may content myself with those which I have already recorded ;
nevertheless I would advise you not to be perfectly satisfied with
yourself until you have tried your hand at keeping on some shoes by
three nails only ; because a bad fitter cannot do it, but a good fitter
always can. The principal use of such an experiment will be to show
you, that you may safely leave out one or even two nails in a case of
broken crust, or a " shaky '' place.
 402 THE HOME MECHANIC. or indeed whenever from any
cause you may think it desirable to do so I think I have proved
beyond dispute that a fore shoe can be kept on by three nails,
therefore he must be a sorry bungler indeed who cannot manage it
with five. Although 1 have nothing new to ofi"er, and nothing to alter
as regards the principles of Horse Shoeing, which I have endeavored
to inculcate in the preceding editions of my book, I considered that it
would not be altogether uninteresting to those whose fears still
deter them from adopting it, if in putting forth another edition I
recorded some few of the confirmatory results of the further
experience since the former editions were published, but more
especially those derived from the hunting field toward the close of
such a season as 1860, marked as it was by an unprecedented
quantity of wet, which rendered the country heavier and deeper and
more trying to the security of horses^ shoes, than any that had
preceded it for several years. I found on referring to the register
kept at the Devon and Exeter Institution, that the quantity of rain
which fell during the three months of November, December, and
January of that winter, amounted to 11 J inches, while the average
for the same three months of the preceding five years showed less
than half that quantity, the amount being only 5 J inches. It may
perhaps suffice without enumerating all the horses which had carried
their shoes safely through that season with five nails, if I confine my
remarks to four belonging to two gentlemen who are both above tne
average weight, and one of them considerably above the average
hight of their compeers ; they are both good men across country,
ride well to hounds and are always to be found in the best places
during a run ; one of them had shod his horses on my plan for four
or five years, relieving their feet occasionally in the summer by
omitting two of the five nails °, he therefore had no fears, and was
not at all surprised that he had lost no shoes ; but the other to
whom it was an experiment, showed great misgiving at first, but two
or three shoeings convinced him that his fears were groundless, and
he has now more confidence in five nails, than he had a year before
in seven or eight ; because then the loss of a shoe was no
uncommon
 THE HOME MECHANIC. 403 thing with him, whereas now
the thought of such an occurrence never enters his head. The first
horse he asked me to see shod for him, is one that has gained for
himself a high character in Ireland as a steeple chase horse, and I
must say that his legs bore ample testimony to their familiarity with
stone walls, they were perfectly round and dis-, figured by sundry
bony lumps ; nevertheless his owner had given a large price for him.
He is a powerful lasting horse, and is not to be stopped by a six foot
wall. When I saw him first he was very badly shod, and had seven
nails in each foro shoe, which clearly had a good deal to do with the
weak horn and round legs he possessed at that time ,* for very soon
after his feet had been freed from the confinement caused by the
inside nails, nis legs became less round, although he had been
regulany hunted in turn with the other horses ; and at the third
shoeing the suspensary ligaments could be distinctly traced by the
finger, and some weeks afterward when I next saw him shod, they
were perfectly visible and his legs had become almost flat ; he had
moreover a very fair quantity ot dead horn in his feet, showing that
the growth of horn had begun to increase, which at previous
shoeings had been very deficient ; and I had no doubt when the
hunting season was quite over, that the relief afforded by the
withdrawal of two nails, would cause very considerable further
improvement both in his legs and feet. But the most satisfactory
result of the season was furnished by the other horse belonging to
the same gentleman, which he had regularly ridden in turn with the
one above mentioned ; this horse, although undeniable in the
hunting field, had large flat brittle feet, which made riding him in
some places rather nervous work, and I recommended his owner to
try him with five nails and leather, and after indulging in the
expression of numerous doubts and fears he consented, provided I
would see it done, which of course I did, and great was his relief at
the end of the first day to find that his horse had not only carried
him more pleasantly than usual through very deep ground, but that
he had brought his shoes home safe and unmoved on his feet ; this
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