By Andy Boon
This ebook introduces the reader to the perform of advocacy, drawing on quite a lot 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 drafting board to execution. precise fabrics are supplied for the stimulation of advocacy routines in either felony and civil concerns. 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 incorporates a new bankruptcy at the classes designed by way of the pro regulatory our bodies to elevate criteria around the subsequent new release of barristers and solicitors advocates.
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Conduct 31 Moreover, it is my practice to plead to him the cause of his adversary, in order to force him to plead his own and to force him to state boldly what he thinks of his own case. When he has gone, I conceive myself in three characters: my own, that of my adversary and that of the judge. Whichever propositions promise more support or assistance than obstruction, I resolve to raise in court; wherever I find more harm than good, I set aside and totally reject that part of the case. Cicero, De Oratore Cicero’s advice is still relevant to client interviews.
Terms of address are the most obvious manifestation of this responsibility. The conventions for addressing the official in charge of the hearing are summarised here. ’ The forms which are used to avoid this seem strange at first, but you will soon become accustomed to them. The following is a summary both of the terms and the way they are used. Magistrates, Tribunal Chairs and District Judges are addressed as ‘Sir’ or ‘Madam’. ’ You should refer to magistrates’ clerks as ‘your learned clerk’ when addressing the bench.
However, it is generally recognised that ‘respect’ is probably the last thing conveyed by its use. 3 Conflicts On occasions, the advocate’s duty to the court and her duty to her client will conflict. This is an area in which there will often be disagreement amongst senior practitioners about what a lawyer should do. 07 of the Law Society’s Guide provides that: … a solicitor who acts in litigation, whilst owing a duty to do their best for the client, must never deceive or mislead the court. 1(c)).
Advocacy by Andy Boon