By Andy Boon
This publication introduces the reader to the perform of advocacy, drawing on quite a lot of examples from the united kingdom and different universal legislation jurisdictions. by utilizing routines, the reader is inspired to contemplate the talents of powerful advocacy from the drawing board to execution. specified fabrics are supplied for the stimulation of advocacy routines in either legal and civil concerns. Areal legal trial is used as a thematic case research for the chapters on research, starting, exam, cross-examination and shutting. The means of the good recommend Sir Norman Birkett quality control is tested intimately. the second one version has been up-to-date to include the recent Civil approach ideas and incorporates a new bankruptcy at the classes designed by way of the pro regulatory our bodies to elevate criteria around the subsequent new release of barristers and solicitors advocates.
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Extra resources for Advocacy
1(c)). 08, a solicitor must not: … make an allegation which is intended only to insult, degrade or annoy the other side, the witness or any other person. This precludes impugning parties who are not party to the proceedings before the court, or making allegations against witnesses which are not supported on reasonable grounds. Apart from certain conduct which is specifically precluded by the rules: It is for all participants to extend respect and courtesy and to expect to receive it. The most visible sign of shared respect is appropriate courtroom demeanour and manners.
You can’t worry and think at the same time. Before the presentation, imagine yourself performing the presentation. Visualise yourself doing well, being positive and confident. Do not, whatever happens, think about things going wrong. Confidence grows with experience of the context in which you are operating, realising that you can do it. Have as many ‘good experiences’ early on as you can get; you could probably do 10 or more simulated presentations of a particular type before you will feel confident.
In other words, put yourself in the place of the trial judge … it is important, also, to be brave with the client – let them know from the start what the likelihood of success or failure is – don’t raise their hopes if they have little chance of success. Another solicitor anticipated the line which would be taken by the other side: I attempt to remain objective by placing myself in the other solicitor’s shoes, and try to explain this to the client, who can then, sometimes, see things in a different light … Boon (1992) The foundation of effective advocacy, therefore, is getting litigation off on the right course; this requires that you obtain as many of the facts in as accurate a form as possible.