ADVOCACY – THE ART OF PERSUASION SEMINAR OUT-LINE
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“THEIR SKILL IS AS MUCH IN THEIR PRESENTATION AS IN THEIR WORDS, FOR ADVOCACY IS MULTIDIMENSIONAL, COMBINING DRAMA, PASSION, GESTURE, EXPRESSION, TONE OF VOICE, AND FORCE OF PERSONALITY, ALL TAILORED TO FIT ONE PARTICULAR MOMENT IN TIME.”
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Per Lord Birkett KC
WE SPEND YEARS LEARNING THE LAW: SUBJECT AFTER SUBJECT AFTER SUBJECT – THEN WE LEARN HOW TO APPLY IT BY LEARNING THE RULES OF EVIDENCE.
IF OUR PLEADINGS, THE INTERLOCUTORY RULINGS AND GENERAL TACTICS CANNOT BRING THE CASE TO AN END WE HAVE TO ARGUE IT.
WHEN ALL ELSE HAS FAILED ALL WE HAVE LEFT IS OUR SKILL AS AN ADVOCATE.
AND YET WE DO LITTLE IF ANY TRAINING ON HOW TO BE AN ADVOCATE. HOW TO PRESENT YOUR CASE AND WIN.
THE UK WAS NO DIFFERENT. MY TRAINING CONSISTED OF A HALF AN HOURS VIDEOING ONLY TO BE TOLD I WAS RUBBISH!! STILL THAT WAS NO IMPEDIMENT TO BEING CALLED TO THE BAR. SADLY, IT WAS MY FIRST FEW CLIENTS WHO HAD TO SUFFER MY INEPTITUDE.
ADVOCACY CAN AND SHOULD BE TAUGHT. EVERYONE CAN LEARN TO BE A GOOD ADVOCATE. GREATNESS IS INNATE AND COMES TO SOME OF YOU IN TIME.
ADVOCACY IS REALLY ABOUT SELLING. AND THAT CAN BE TAUGHT.
THIS SESSION SEEKS TO EXPLAIN HOW THE SUBJECT CAN BE TAUGHT.
HAMPLE EXPLANATION OF THE HAMPLE METHOD OF TEACHING.
CASE PREPARATION: HOW DO YOU DO IT AND HOW DO YOU TEACH IT. CASE SCENARIO.
I SHOT THE SHERIFF BUT I DIDN'T SHOOT NO DEPUTY YEAH! ALL AROUND IN MY HOME TOWN, THEY'RE TRYIN' TO TRACK ME DOWN; THEY SAY THEY WANT TO BRING ME IN GUILTY FOR THE KILLING OF A DEPUTY, FOR THE LIFE OF A DEPUTY. BUT I SAY I SHOT THE SHERIFF BUT I SWEAR IT WAS IN SELF-DEFENCE. SHERIFF JOHN BROWN ALWAYS HATED ME, FOR WHAT, I DON'T KNOW, EVERY TIME I PLANT A SEED, HE SAID KILL IT BEFORE IT GROW HE SAID KILL THEM BEFORE THEY GROW.
WHERE WAS THE DEPUTY? I SAY, I SHOT THE SHERIFF, FREEDOM CAME MY WAY ONE DAY AND I STARTED OUT OF TOWN ALL OF A SUDDEN I SAW SHERIFF JOHN BROWN AIMING TO SHOOT ME DOWN, SO I SHOT, I SHOT HIM DOWN AND I SAY: IF I AM GUILTY I WILL PAY. I SHOT THE SHERIFF, BUT I SAY I DIDN'T SHOOT NO DEPUTY REFLEXES HAD GOT THE BETTER OF ME AND WHAT IS TO BE MUST BE, EVERY DAY THE BUCKET A-GO A WELL, ONE DAY THE BOTTOM A-GO DROP OUT,
WHAT IS THE LAW ON THE SUBJECT?
WHAT HAS TO BE PROVED? DISPROVED? WHAT IS YOUR DEFENCE? GOOD FACTS/BAD FACTS.
FACTS NOT CONCLUSIONS. WHAT CONCLUSIONS CAN THEN BE DRAWN.
WHAT NOW IS THE CASE STRATEGY?
WRITE YOUR SPEECH.
HAMPLE METHOD OF ASSESSMENT ASSESSMENT BASED ON SIX STEPS: HEADLINE A MEMORABLE PHRASE WHICH IDENTIFIES SOMETHING THEY CAN CRITIQUE PLAYBACK (WHAT THE ADVOCATE DID) REASON WHY IT IS BETTER TO DO IT DIFFERENTLY REMEDY HOW TO DO IT DIFFERENTLY DEMONSTRATION OF HOW TO DO IT DIFFERENTLY BY TUTOR REPLAY THE ADVOCATE WILL DO IT AGAIN
EXAMINATION IN CHIEF USING THE CASE STRATEGY TEACH THE STUDENT HOW TO EXAMINE-IN-CHIEF. NON-LEADING QUESTIONS.
TIPS FOR DOING SO EG: WRITE DOWN THE ANSWER YOU WANT RATHER THAN THE QUESTION.
CROSS-EXAMINATION USING THE CASE STRATEGY TEACH THE STUDENT HOW TO CROSS-EXAMINE. NOT EXAMINE CROSSLY!! ONLY LEADING QUESTIONS.
TIPS FOR DOING SO. BUILDING TO YOUR POINT. ASKING ONE QUESTION TOO MANY. WHAT DO YOU NEED TO UNDERMINE? PUTTING YOUR CASE.
SUBMISSIONS
NARRATIVE. SPEECHES. THE DO’S AND DON’TS
YOUR CLIENT IS INTERESTED IN YOUR OPINION – SO GIVE IT. A JUDGE IS NOT INTERESTED IN YOUR OPINION – SO DON’T GIVE IT
HE IS INTERESTED IN YOUR SUBMISSION – SO MAKE IT.
TELL THEM WHAT YOU WANT.
SHOW THEM HOW TO GET THERE. SUBMIT WHY IT IS THE RIGHT THING TO DO.
WIN.