Advocacy in Court: Preparation and Performance

Jul 09 2022 6

Advocacy in Court: Preparation and Performance Podcast artwork

Court room advocacy requires practical skills. The episodes in this Podcast explain and illustrate the skills that advocates need in any adversarial system.
Episodes are up to 15 minutes, so easily fitted into your busy day. Although the episodes follow a logical order each one is 'stand alone', because every advocate has different needs.
With near 7000 hits ( October 2023) this free series is helping those who want to be better advocates.
An inexpensive, companion book with the same title ADVOCACY IN COURT: PREPARATION AND PERFORMANCE is on Amazon Kindle.
Please tell other 'wanna to be better' advocates AND get your witnesses to listen to WITNESS ESSENTIALS.
For questions and comments email [email protected]
Hosted on Acast. See acast.com/privacy for more information.

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Episode 20 - How we Open and how we Close - the critical role of atmospherics

Jul 09 2022 24 mins

We look at the importance of the prevailing atmospherics at both the case preparation and performance stages.Examples are given of 'atmospherics'.The use that you can make of such atmospherics as an advocacy tool is explained.Opening statements and Closing addresses are discussed with 'atmospherics' in mind.Please note:if you have any useful suggestions/ feedback please email the a

Episode 19 - Bad Things Happen - How you need to be prepared for bad acts by police, lawyers, judges.

May 28 2022 17 mins

Although we have expectations of competence and integrity from the other 'actors' in litigation there are those who are 'bad actors'. They are drawn from police, other lawyers, media and the judicial/tribunal officers before whom we run cases.Experience brings some ability to respond to such improper conduct; however, at any time in one's career it is important to have one or more

Episode 18 - The Rule in Browne v Dunn ( The rule of Fairness which isn't fair)

Jul 20 2021 13 mins

This so-called rule of fairness afflicts the defence in both criminal and civil cases. We examine what the rule may require, how to pose questions that comply, how its application and consequences vary between criminal and civil cases.Episode 19, 'Bad things happen' - how you need to be prepared - released on 28 May 2022.Episode 20, all about interacting with jurors, especiall

Episode 17 - Experts and their evidence

Jul 13 2021 12 mins

What the Expert Witness Guidelines require. Settling the issues to be addressed by the expert. Contents and layout of an expert report. Objectives of your conference with the expert. Evidence by AVL. Preparing for and cross-examining the other sides' expert. Hosted on Acast. See acast.com/privacy for more information.

Episode 16 - Re-examination/ Redirect, Practised Patterns for Leave, Closing Argument

Jul 13 2021 11 mins

Your witness needs to let you know during the cross-examination that you can safely raise a matter with them during your re-examination. Even so, whether or not you re-examine requires you to assess the state of your case.Some aspects of questioning, such as having a witness declared hostile/adverse/unfavourable, or raising bad character, or attacking credibility require the prior

Episode 15- The Addiction of Cross- Examination Part 2

Jul 12 2021 14 mins

To look or not to look at the target witness - it's a matter of personal style.The 'real time' risk assessment that governs how you conduct your cross-examination: it can be OK to ask questions to which you do not know the answer. It can also be OK to ask open questions.The thrill of the spontaneous 'perfect' question which is not spontaneous at all.Be sure

Episode 14 - The Addiction of Cross- Examination Part 1

Jul 12 2021 13 mins

Is cross of the witness necessary? If so, have you mapped your topics and your order? How are you anticipating some of your closing argument in your cross-examination questions? Are you able to follow the simple guidelines of niceness, sharing, slowness, and deft use of silence?Drawing upon your case theory are you able to turn an opponent's witness into one of your own?Drawin

Episode 13 - Openings and Objections

Jul 12 2021 11 mins

If you make an opening statement then you are making a promise or promises. Can you deliver on those promises? If you don't then your opponent will point out your shortfall. So cut the cloth of an opening to suit the strength of your case.Only make an objection when you have both a good legal basis and a tactical advantage. The most common bases for an objection are described.

Episode 12 - The set up in the hearing space

Jul 11 2021 9 mins

There are simple things that you can do to make your performance, and that of your witnesses, more persuasive.For you it includes your toolkit, whether and how you use a lectern, and how you monitor your progress.For your witnesses it includes their preparation to be in the witness box, their appearance, where they look, and what to do if they are giving their evidence from a remot

Episode 11 - Pitfalls and Opportunities with open and closed questions in chief -Part 3

Jul 11 2021 13 mins

The first topic is 'when' and 'how' do you use the technique of 'confess and avoid' during your examination-in-chief of your witness.The second topic is the 'why' and how' of putting yourself into the scene about which your witness is giving evidence. This allows you to see, hear, and feel what is happening and then use your questions an