Overview - 2. Advocacy Flashcards
How long is the advocacy assessment and how is the time split?
1 hour
45 minute to prepare and 15 minutes to deliver the advocacy
What is the most basic description of the task in the assessment?
Apply relevant law to key facts in the instructions, to persuade the judge that you have satisfied the test for the court to make the order you are seeking
Do you stand or sit when delivering the advocacy?
Sit for disputes and stand for criminal
Who plays the judge?
The assessor plays the judge
What is the assessment objective for the advocacy assessment?
Demonstrate you are able to conduct a piece of advoacy to a judge
What are the assessment criteria for the advocacy assessment?
- Appropriate language and behaviour
- Clear and logical structure
- Engages with the court appropriately
- Argument is persuasive
- Include all relevant facts
- Legal content is correct and comprehensive, and professional conduct issues, if any, identified
Assessment Criteria - Appropriate language and behaviour
What two aspects make up appropriate language?
- Addressing the judge correctly
- Using language reflecting the fact you are in court, and not debating or at a political meeting
Assessment Criteria - Appropriate language and behaviour
How can you use intonation to be a good advocate?
By emphasing, with tone of voice, the parts of the submission which are important, such that anyone, even if they knew nothing about what you are saying, would understand what is important
Avoid monotone voice.
Assessment Criteria - Appropriate language and behaviour
If you cannot remember how to address a judge in a particular court, how should you begin your submission?
“May it please the court, I represent…”
Assessment Criteria - Appropriate language and behaviour
What type of phrasing should be avoided in submissions?
Avoid phrasing offering your personal view, e.g. “I think” or “in my opinion”
Assessment Criteria - Appropriate language and behaviour
Who should you never interrupt?
The judge
Assessment Criteria - Appropriate language and behaviour
If the judge asks a question and you plan to deal with this matter later in your submissions, what is the appropriate way to deal with this?
Thank the judge for the question, and say “if it pleases the court, I intend to address this further in my submission”
Assessment Criteria - Appropriate language and behaviour
If the judge asks a question and you have already dealt with this, what is the appropriate way to deal with this?
Thank the judge for the question, and make the same point again
Assessment Criteria - Appropriate language and behaviour
What is the only situation in which it is appropriate to ask a question of the judge in the assessment?
If they ask a question and you require clarification
Assessment Criteria - Appropriate language and behaviour
What is meant by avoiding prefacing your submissions?
There is no need for any lead in. Simply make your point, or if you do preface, use “It is submitted”…
Assessment Criteria - Appropriate language and behaviour
How should you refer to the client?
By their full name, e.g. “Mr John Smith” and thereafter “Mr Smith”, or their role in proceedings, e.g. the defendant
Do not refer to them as “my client”
Assessment Criteria - Appropriate language and behaviour
Should you greet the judge at the beginning of the assessment?
Only if they greet you
Assessment Criteria - Clear and logical structure
What are some rules for ensuring a clear and logical structure?
- Explain a general rule before talking about exceptions
- Distinguish clearly between facts and law
- Present analysis before conclusion so it is clear the conclusion flows from the analysis
