Unit of Study LAWS2038 - Advanced Advocacy (2021)

Unit description

Specifically aimed at those students who will in their practice anticipate involvement in appearing in courts as an advocate. Whilst some solicitors may not appear in court, nevertheless the skills of persuasion by written and oral argument in court are useful in many other legal contexts. Will be taught with an emphasis on the acquisition and practice of courtroom skills up to District Court level.

Unit content

1. Preparation for effective advocacy:
   1. The art of persuasion by effective use of language         
   2. Understanding the etiquette of court room advocates         
   3. The relationship between persuasion, presentation and effective questioning 
   4. Knowing your client and the court.
2. Preparation before getting to court:
   1. Gathering proofs of evidence         
   2. Pre-trial discussions         
   3. Organisation of brief         
   4. Choice of plea or settlement.
3. Development of professional attitudes to ethical matters.
4. Presentation of evidence:
   1. Examination-in-chief         
   2. Re-examination         
   3. Matters often requiring attention in contested cases         
   4. Use of expert witnesses         
   5. Refreshing memory.
5. Cross-examination:
   1. Rules         
   2. Purpose and limitations         
   3. Tactics and responses         
   4. Credibility and competence         
   5. Exhibits and documents         
   6. Objections at trial.
6. The plea of guilty and bail applications:
   1. Research and preparation         
   2. Calling evidence         
   3. Negotiations with police         
   4. Court room presentation.
7. Making submissions: addressing the court, and the jury.
8. Putting it all together: mock trials group exercises.