Advocacy Skills

Question 1

How do you introduce yourself?

Answer 1

I appear on behalf of…

Question 2

How do you open your advocacy presentation?

Answer 2

Intro - Judge (if district or high court master) I appear on behalf of….state application

Question 3

How do you provide the Court with a summary of background facts?

Answer 3

Judge, with your permission I will briefly outline the facts.

Question 4

How do you close your submissions?

Answer 4

Judge, unless I can assist you further, those are my submissions.

Question 5

How do you structure your advocacy presentation?

Answer 5

1. Intro
2. Outline court’s powers - mandatory or discretionary
3. Summary of background facts
4. Go through relevant legal tests
5. Concluding remarks
6. Closing Judge, unless I can assist you further, those are my submissions

Question 6

What is the golden rule in advocacy?

Answer 6

At any given point during the advocacy, it should be clear how the point that you are making fits into the overall structure.

Question 7

How do you prepare your advocacy plan?

Answer 7

• Set out the main points you need to cover with bullet points beneath each one.
• include abbreviated references to the relevant docs.
  Examples - set aside

Allegation of delay in making application
1. Notice of judgment not received until sat (WS para 4)

2. Consulted lawyer on Monday next working day (WS para 5)
3. Application to set aside made Thur (WS para 5)

Question 8

What are some key phrases to persuade the court to adopt your view of the case?

Answer 8

• I submit
• I would urge you
• I would seek to persuade you

Question 9

What do you call a lay magistrate?

Answer 9

• Your Worship or
• Sir or Madam