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Advocacy by Andy Boon

By Andy Boon

This e-book introduces the reader to the perform of advocacy, drawing on a variety of examples from the united kingdom and different universal legislation jurisdictions. by utilizing routines, the reader is inspired to consider the abilities of powerful advocacy from the strategy planning stage to execution. precise fabrics are supplied for the stimulation of advocacy workouts in either legal and civil issues. Areal felony trial is used as a thematic case learn for the chapters on research, commencing, exam, cross-examination and shutting. The means of the nice recommend Sir Norman Birkett quality control is tested intimately. the second one variation has been up-to-date to include the recent Civil process principles and features a new bankruptcy at the classes designed through the pro regulatory our bodies to elevate criteria around the subsequent iteration of barristers and solicitors advocates.

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Example text

A more modern approach is to refer to your opponent by name, that is, ‘Mr/Mrs Advocate’, in the same way as one would refer to witnesses. If in doubt, stick to the conventional ‘my friend’ and ‘my learned friend’. There is obviously more to the relationship between advocates and judges than terms of address; these are simply manifestations of a deeper obligation. Both judges and lawyers have reciprocal obligations to uphold the dignity of the courts of justice. This is eloquently expressed in the Code of Trial Conduct of the American College of Trial Lawyers: During the trial, a lawyer should always display a courteous, dignified and respectful attitude towards the judge presiding, not for the sake of his person, but for the maintenance of respect for and confidence in the judicial office.

The Code applies to all proceedings. Other principles of conduct are relevant in less obvious ways. There are additional conventions which should be followed. These often arise out of an obligation of common courtesy to the court. It is beyond the scope of this book to discuss these in detail (but see Boon and Levin (1999)). 1 The lawyer and the client Today, many clients want to be closely involved in their case; they want to know what is happening and they want to participate fully in the decisions which are made.

If our interest is stimulated in this way, our attention is more focused, we want more detail: we want to find out what happens to the characters we have identified with. Narrative is no more or less than telling a story. Creating ‘word pictures’ can be of great assistance in presenting a case to a court. It can offer members of a jury a clear image of events. Remember that they will know nothing about the case and that it is difficult for them to understand the story when they cannot easily ask questions.

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