Advocacy 3

Question 1

Advocacy

Answer 1

Advocacy is the art of influencing outcomes

Question 2

Usual questions

Answer 2

Which party do I represent?

What type of hearing is this?

Which court will I be appearing in?

Which issues have I been instructed on?

Are there issues such as costs?

Ethical issues?

What is the story?

Question 3

Analysis

Answer 3

The law

The facts

Identify any gaps and inconsistencies

Link facts to the law

Identify strengths and weaknesses

Structure submissions

Question 4

Structure

Answer 4

Use clear structure

Set out main points as headings.
Use bullet points underneath/

Question 5

Court room etiquette

Answer 5

Stand up when judge leaves and enters

bow when enter

Be polite.

Sparingly use hand gestures.

Formal and respectful language.

Unless I can assist you further these are my submissions.

Avoid the emotive and the exaggerated.

If wanting to convey feelings from client ‘ I am instructed that’m

Don’t use ‘in my opinion’
Use
‘In my submission’
‘I submit’

Steady and consistent pace. Use pauses.

Question 6

Overall plan

Answer 6

Opening (check mode of address)

Introduce self and opponent

Introduce piece of advocacy - confirm judge read bundle. Summary of facts

Submissions - relevant issues and substantive law.
relevant facts

Conclusion - link submissions to the order sought

Questions - may arise at any point

Correct slogging.

Question 7

Modes of address

Answer 7

High court judge - My Lady or My lord

Circuit judge - Your Honour

Recorder - Your honour

District at High or Country - Judge

Master (High Court) - Judge

Magistrates - Your Worships or Sir or Madam.

Question 8

Introducing yourself

Answer 8

Judge I am ____ I appear on behalf of ____

Then purpose of being in court
This is D’s application to ____
More than one list them.

Grounds - -then move onto grounds.

Work through opponents submissions.

Direct court to documents.

Smith v Jones is Smith and Jones - not v or versus.

Question 9

Final matters

Answer 9

Judge will ask questions.

If asked and don’t know come back to it and say ‘Judge to revert to your question earlier…’

If position not strong offer a condition.

Judge if you are against me on that then I invite you to make a conditional order requiring my client to make a payment into court.

Order as to costs (civil)

• One party pay

-Cost in case - ultimate winner pays but not at interim stage

• No order as to cost - each bears own in interim application.