Advocacy: Preparation and performance
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Advocacy

Preparation and performance

By Hugh M. Selby

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Format: Paperback, 216 pages
Published In: Australia, 15 June 2009
Persuasive questioning and argument in our courts and tribunals need skills in case preparation and techniques of presentation. Those skills and techniques are gained by a combination of understanding and practice. This book explains the 'what', the 'why' and the 'how' of basic skills and techniques. The reader is then ready to practise. Knowing the needs and wants of the audience, identifying the links among legal concepts, facts and witnesses, are at the heart of case preparation. That knowledge guides the content and tone of both argument and opening address. Of course, the advocate must also be able to ask questions that both bring out the evidence in an acceptable manner and keep the right level of control over each witness. Advocacy is a skill that can always be improved, whether the practitioner is renowned or a novice. This is a book for the newcomer, an explanation and illustration of the essential first steps along the road to renown.

Table of Contents

Knowing the Audience and Planning the Case Just another shoplifting case Knowing your audience Developing your law and fact case `step by step' Mastery of both sides of the case: good facts, bad facts, and priorities Illustrative cases and a procedural template What is your Game Plan? Developing a plan The tenant's game plan The renovation game plan The shopper's game plan Mastering the Facts The nature of the interview The scene A report from an expert Do not ask `Did you do it?', but... Setting an agenda of topics for the interview Types of questions Asking open questions Demonstrative aids Argument Argument Interlocutory applications procedure Argument for a plea-in-mitigation Closing address The Advocate as Conductor Painting the picture What is my position in court? Where do I look? Masking my anxiety? What do I call people in court? Opening statements AgendasHow to use the circles method for an agenda and questioning Questioning my witnesses Using a written statementEstablishing a base point Explaining distancesDescribing the lightingExplaining time Describing a person The Performing Witness Preparing the witness Giving evidence To Do or Not to Do Should I cross-examine? How do I cross-examine?Exploit your nice sideThe importance of gate-closingAvoid being argumentativeInquisitiveness invites disasterExploiting the failure to explainPotting The too-talkative witness Leading questions The rule of fairness Making and responding to objections Impeachment Credibility matters Hearsay An Advocacy Dictionary Index

Reviews

...Expect an insightful introduction to the practice and principles of good advocacy from a well-published academic. The beginner advocate (like me) will find some very useful ways of understanding some of the rules of evidence and a solid grounding in how to properly prepare a case for trial. Selby provides tips about some of nuances of advocacy, such as ways of effectively having a witness describe lighting and dealing with one's own anxiety. He also offers the reader the use of mind-mapping (or circles method) and shows how this method can be applied through all stages of preparation for trial.This fairly short book is littered with practical examples and is thus quite easy to digest. I can recommend it as a useful reference tool. - ACT Law Society Newsletter, Ethos, March 2010

EAN: 9781862877443
ISBN: 1862877440
Publisher: Federation Press
Dimensions: 1.3 x 14 x 21 centimeters (0.26 kg)
Age Range: 15+ years
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