Advocacy - Preparation and Performace

1. Auflage 2009
ISBN: 978-1-86287-744-3
Verlag: Federation Press

Buch, Englisch, 216 Seiten, Gewicht: 268 g

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 practice. 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 new comer, an explanation and illustration of the essential first steps along the road to renown.

Autoren/Hrsg.

Selby, Hugh M.

Selby, Hugh

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Contents 1 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 2 What is your Game Plan? Developing a plan The tenant’s game plan The renovation game plan The shopper’s game plan 3 Mastering the Facts What is in an 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 4 Argument Argument Interlocutory applications procedure Argument for a plea-in-mitigation Closing address 5 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 Agendas Questioning my witnesses Sharing the experience 6 The Performing Witness Preparing the witness Giving evidence 7 To Do or Not to Do Should I cross-examine? How do I cross-examine? The too-talkative witness Leading questions The rule of fairness Making and responding to objections Impeachment Credibility matters Hearsay An Advocacy Dictionary Index