It is day three of the hearing. Cross-examination of the key witness. You are three questions in when you realise the witness has not been prepared for this line. Not adequately. The answer that comes is not wrong enough to destroy the case, but it is not what it should have been, and you know it, and the bench knows it, and you spend the next forty minutes managing a problem that should not have existed.

You recover. You are good enough to recover. But in the car afterwards you know exactly where it came from. Not from the witness. Not from the opponent. From the two weeks before this moment, and from the conditions in which your case team operated during them.

The case was not lost in court. It was lost, or nearly lost, somewhere in the preparation. And the preparation is a leadership question.

The Brief Does Not Arrive Fully Formed

An advocate’s authority in court is visible and legible. The seniority is established. The role is clear. What is less visible, and less examined, is the authority that operates in the weeks before the hearing, in the briefing sessions, the late research requests, the preparation of witnesses, the organisation of a bundle that someone else will carry into court.

That work is done by a team. The advocate leads that team whether they think about it in those terms or not. The question is not whether they are leading. The question is what kind of conditions their leadership is creating, and whether those conditions produce the case they need when they walk into court.

Leadership in the legal profession has historically been discussed in terms of firms and departments and management structures. For advocates, the conversation looks different. There is no permanent hierarchy in the way a firm has one. The team assembles around a matter and disperses when it is done. Authority is established through seniority and reputation, not through an organisational chart. And yet the dynamics of leadership, who sets the standard, who creates the conditions for problems to surface before they become court problems, who determines whether a junior feels responsible for the outcome or merely responsible for the task, are present in every case team an advocate leads.

The question is not whether the advocate is leading. The question is what kind of conditions their leadership is creating.

Sonja Cilliers & Maryke Swarts, PMRI

What the Research Says About High-Performing Teams Under Pressure

The neuroscience of team performance under pressure is specific about one thing: the conditions that produce consistent high performance are not the same as the conditions that produce compliance.

A team that is executing instructions is doing what it is told. A team that is genuinely engaged with the outcome is doing something cognitively different. The prefrontal engagement that produces creative problem-solving, the kind that finds the answer to the question nobody thought to ask until the witness said something unexpected, requires psychological safety. Not comfort. Safety. The knowledge that raising a problem will be received as useful rather than as a failure.

In a case team, that safety is established by the advocate. Not through formal declaration, but through the pattern of responses over time. Whether questions are welcomed or tolerated. Whether a junior who flags a gap in the research at ten o’clock at night is thanked or made to feel they should have found it earlier. Whether the debrief after a difficult hearing examines what happened and why, or simply moves on to the next matter.

These patterns are set by the most senior person in the room. In a case team, that is the advocate. A junior who works across several matters with an advocate who debriefs seriously, who asks what they noticed, who treats their observations as worth having, develops differently from one who executes instructions across the same period. The advocate who develops juniors well is not doing something generous. They are building a case team that performs better, because better-developed juniors catch more, flag more, and carry more of the cognitive load of the matter in ways that free the advocate’s attention for the work that genuinely requires it.

Research Finding

Amy Edmondson’s research on psychological safety shows that teams where members feel safe to raise concerns, flag problems, and ask questions perform measurably better under conditions of genuine uncertainty than teams that do not, regardless of the individual capability of their members.

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Carrying the Room

There is a specific cognitive demand that advocacy places on a practitioner that has no direct equivalent in other forms of legal practice. The advocate in court is simultaneously managing the argument, reading the bench, watching the opponent, monitoring the witness, and making real-time judgments about which of those inputs to prioritise at any given moment.

That demand is not reducible to preparation, though preparation shapes it. It is a live cognitive performance under conditions of genuine uncertainty, and it is one of the most demanding things a legal mind can be asked to do.

What is less often examined is that the advocate is also, in that moment, carrying the room. The juniors watching from the back. The instructing attorney. The client. The way the advocate handles an adverse question from the bench, a surprising answer from a witness, a procedural setback, sets the emotional register of every person in that space. That register affects how the team performs in the moments that follow.

Advocates who lead well in court do not do so by projecting invulnerability. They do so by modelling composed, intelligent responsiveness under pressure. The bench reads it. The room reads it. And the junior who watches it and sees what controlled advocacy under real pressure looks like is receiving something that no formal training programme delivers.

That is leadership. It happens whether the advocate names it as such or not.

The Debrief That Almost Never Happens

There is a practice that distinguishes high-performing teams in almost every domain where performance under pressure is studied, and it is almost entirely absent from legal practice. It is the debrief.

Not the conversation on the way out of court about what went well. The structured examination, conducted within twenty-four hours of a significant hearing, of what happened, why it happened, what was owned by each member of the team, and what changes as a result.

Fighter pilots debrief after every mission. Surgeons in the highest-performing theatres debrief after complex procedures. The research is consistent: the debrief is the mechanism through which experience converts into genuine improvement rather than simply into familiarity with the same mistakes.

For advocates, the debrief would look specific. What did the preparation produce and what did it miss? Where did the witness go differently from expected and why? What did the juniors see that the advocate did not? What would be done differently, not in the next case generally, but in the preparation of this type of matter specifically?

This is not a soft practice. It is the mechanism through which an advocate builds a case team that learns, and through which the advocate’s own practice develops beyond the plateau that technical experience alone eventually produces.

The Standard Is Set Whether You Set It or Not

There is a version of this conversation that advocates sometimes resist, because leadership language carries associations with management and administration and the parts of legal practice that feel furthest from advocacy itself. The argument here is the opposite.

The advocate who leads the case team deliberately, who creates conditions where problems surface before they reach court, who debriefs seriously, who develops juniors through the quality of their engagement rather than through formal instruction, is not doing something in addition to being a good advocate. They are doing something that makes the advocacy better.

The standard in any case team is set by the most senior person in it. It is set in how they prepare, how they communicate, how they respond when something goes wrong in preparation, and how they treat the people whose work determines whether they walk into court with everything they need.

That standard is being set already. The only question is whether it is being set deliberately.

Frequently Asked Questions About Advocate Leadership and Case Team Performance

What does leadership mean for an advocate?

For an advocate, leadership means the conditions created for the case team in the weeks before court. An advocate leads through patterns of response over time: whether questions are welcomed or tolerated, whether problems surface before they become court problems, and whether the people below them feel responsible for the outcome or merely responsible for the task.

How does an advocate’s leadership style affect case team performance?

The prefrontal engagement that produces creative problem-solving requires psychological safety: the knowledge that raising a problem will be received as useful rather than as a failure. This safety is established by the advocate through the pattern of responses over time. A junior who feels safe to flag a problem before court is a junior whose flagging prevents that problem from reaching court.

What is the role of the post-hearing debrief in advocacy?

The debrief is the mechanism through which experience converts into genuine improvement rather than familiarity with the same mistakes. Conducted within twenty-four hours of a significant hearing, it examines what the preparation produced and what it missed, what each team member owned, and what changes as a result. It is the single most underused performance development tool in legal practice.

How does psychological safety in a case team affect court outcomes?

A team where problems surface before they reach court performs differently from a team where they do not. Psychological safety is established by the most senior person in the room. The way an advocate responds when a junior flags a problem at ten o’clock at night determines whether the next junior with a problem will flag it or stay silent.

What does carrying the room mean in the context of advocacy?

It means that the way the advocate handles an adverse question from the bench, a surprising witness answer, or a procedural setback sets the emotional register of every person in that space. Advocates who lead well in court model composed, intelligent responsiveness under pressure. The bench reads it. The room reads it. The junior who watches it receives something no formal training programme delivers.

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Sonja Cilliers & Maryke Swarts

Co-founders  ·  Professional Mind Resilience Institute

Sonja Cilliers is an Advocate of the High Court of South Africa with 27 years of litigation experience. Maryke Swarts is a Master Transformation Coach, Neuro-Coach, and NLP Practitioner with an Honours degree in Psychology. Together they deliver neuroscience-based cognitive performance training for legal professionals across South Africa. PMRI holds a monthly column in De Rebus and a weekly column in LexisNexis Current Awareness+.

References
  1. Edmondson A, The Fearless Organization: Creating Psychological Safety in the Workplace for Learning, Innovation, and Growth (Wiley 2018).
  2. Ericsson A and Pool R, Peak: Secrets from the New Science of Expertise (Houghton Mifflin 2016).
  3. Rock D, Your Brain at Work (HarperCollins 2009).