Advocacy by Andy Boon

By Andy Boon

This publication 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 using workouts, the reader is inspired to contemplate the talents of potent advocacy from the drafting board to execution. specified fabrics are supplied for the stimulation of advocacy routines in either legal and civil concerns. Areal felony trial is used as a thematic case learn for the chapters on research, beginning, exam, cross-examination and shutting. The means of the good recommend Sir Norman Birkett quality controls is tested intimately. the second one variation has been up to date to include the hot Civil strategy ideas and encompasses 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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In any closing speech, when you are reviewing the evidence, you must not misquote the evidence of a witness. What is the situation if you suspect one of your own witnesses of perjury? Is the client to be denounced because a witness has lied on his or her behalf? The Guide is not clear on this point, but the general prohibition on misleading the court applies (see above). The strict ethical position is that an advocate should not ask questions which she knows will allow a witness to give false evidence.

Nevertheless, to disqualify oneself from acting further is clearly required by the court and the profession if clients insist on deceiving the court. Conduct 33 Clearly then, it is the advocate’s duty to convince the client that it is too risky to lie. If they have a good case without lying, this is an argument which can be pressed. To be found to have lied to the court on one issue will undermine the client’s credibility on other issues. If he or she has no case without lying, the risk of being caught out is too high; there are other options, such as negotiation, which should be urged on the client.

He was great; he was magic; he was a star’ at least sounds like an excerpt from an interview with the manager. The sentence is balanced and the eulogy complete. Theodore I Kossof (1977) gives an example of how ‘parallel phrases’ can be translated to legal contexts. Of his visit to the tomb of Napoleon, Robert Ingersoll said: I saw him at Toulon, I saw him putting down the mob, I saw him at the head of an army, I saw him in Egypt, I saw him at Elba. He demonstrates how this might be adapted by an American trial lawyer in a child personal injury case: I saw this beautiful blonde haired child on her way to school.

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