Advocacy in Court: Preparation and Performance
27 episodes - English - Latest episode: about 2 years ago -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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Episodes
Episode 20 - How we Open and how we Close - the critical role of atmospherics
July 09, 2022 11:37 - 24 minutes - 19.5 MBWe 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 author on [email protected] ; and, There is a short, practical, but easily affordable book written ...
Episode 19 - Bad Things Happen - How you need to be prepared for bad acts by police, lawyers, judges.
May 28, 2022 12:00 - 17 minutes - 14.2 MBAlthough 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 mentors from whom good and timely advice can be sought. This episode describes some of the bad acts that you...
Episode 19 - Bad Things Happen - How you need to be prepared
May 28, 2022 12:00 - 17 minutes - 14.2 MBAlthough 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 mentors from whom good and timely advice can be sought. This episode describes some of the bad acts that you...
Episode 18 - The Rule in Browne v Dunn ( The rule of Fairness which isn't fair)
July 20, 2021 07:00 - 13 minutes - 9.6 MBThis 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, especially in opening and closing, is being prepared in June 2022 By the way, if you've gone to the trouble to listen to...
Episode 18 - The Rule in Browne v Dunn
July 20, 2021 07:00 - 13 minutes - 9.6 MBThis 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 is being prepared in June 2022 By the way, if you've gone to the trouble to listen to episodes 18 and 19 then delve into t...
Episode 17 - Experts and their evidence
July 14, 2021 00:00 - 12 minutes - 8.64 MBWhat 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, Practised Patterns for Leave, Closing Argument
July 13, 2021 21:00 - 11 minutes - 7.93 MBYour 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 leave of the judicial officer. Be prepared by having your script in your trial note book. Closing argument a...
Episode 16 - Re-examination/ Redirect, Practised Patterns for Leave, Closing Argument
July 13, 2021 21:00 - 11 minutes - 7.93 MBYour 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 leave of the judicial officer. Be prepared by having your script in your trial note book. Closing argument a...
Episode 15- The Addiction of Cross- Examination Part 2
July 13, 2021 05:00 - 14 minutes - 9.97 MBTo 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 to keep something good for the finish: write it out. Rehearse with your witnesses as to when they are to answer you opponent wit...
Episode 15- The Addiction of Cross Part 2
July 13, 2021 05:00 - 14 minutes - 9.97 MBTo 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 to keep something good for the finish: write it out. Rehearse with your witnesses as to when they are to answer you opponent wit...
Episode 14 - The Addiction of Cross Part 1
July 13, 2021 00:00 - 13 minutes - 9.17 MBIs 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? Drawing upon the 'totality of listening' skills that you have been practising for chief are you able to see, hear an...
Episode 14 - The Addiction of Cross- Examination Part 1
July 13, 2021 00:00 - 13 minutes - 9.17 MBIs 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? Drawing upon the 'totality of listening' skills that you have been practising for chief are you able to see, hear an...
Episode 13 - Openings and Objections
July 12, 2021 07:00 - 11 minutes - 8.03 MBIf 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. If you are the 'object' of the objection then fight only those which are worth fighting. Remember that the fac...
Episode 12 - The set up in the hearing space
July 12, 2021 00:00 - 9 minutes - 6.84 MBThere 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 remote location. Hosted on Acast. See acast.com/privacy for more information.
Episode 11 - Pitfalls and Opportunities with open and closed questions in chief -Part 3
July 11, 2021 07:00 - 13 minutes - 9.63 MBThe 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 and your witness's answers to bring that 'alive' for the fact finder. Hosted on Acast. See acast.com/privacy for more information.
Episode 10 - Pitfalls and Opportunities with open and closed questions in chief -Part 2
July 10, 2021 11:00 - 14 minutes - 10 MBWe discuss how to encourage witnesses to best recall a person, a place or a thing that they saw. Then we have our witnesses answer questions in a manner that uses the present sensory experience of everyone in the courtroom: witness, advocates and fact finders. We apply this approach to level of lighting, distances, direction and choice of language. Hosted on Acast. See acast.com/privacy for more information.
Episode 9 - Pitfalls and Opportunities with open and closed questions in chief -Part 1
July 10, 2021 08:00 - 12 minutes - 8.56 MBOpen questions are the usual technique for examination-in-chief; however, without the proper foundation of a 'neutral' place and time, an open question may be disallowed as 'leading on an issue'. The problem and its solution are explored in the 'Who had the green light?' scenario in which Jack and Jill are pitted against each other after an intersection car crash. We also look at the use of 'what, if anything?' 'who, if anyone?' etc. Hosted on Acast. See acast.com/privacy for more informa...
Episode 8 - Chief/Direct: Asking questions of your witness in an interesting, persuasive way
July 09, 2021 11:00 - 13 minutes - 9.56 MBConvert the wall maps used to prepare your case into convenient A4 size charts to have at the bar table. Leave space on those charts to make notes of items needing attention. Be prepared for the 'unexpected' when those notes will save you. Have your Chronology ready to use and edit. Do not relapse into a 'make a list' approach. Write out your questions if you must but understand that being tied to that list entails that you cannot properly listen to all that a witness is communicating to ...
Episode 8 - Asking questions of your witness in an interesting, persuasive way
July 09, 2021 11:00 - 13 minutes - 9.56 MBConvert the wall maps used to prepare your case into convenient A4 size charts to have at the bar table. Leave space on those charts to make notes of items needing attention. Be prepared for the 'unexpected' when those notes will save you. Have your Chronology ready to use and edit. Do not relapse into a 'make a list' approach. Write out your questions if you must but understand that being tied to that list entails that you cannot properly listen to all that a witness is communicating to ...
Episode 7 - See the 'whole', not just the 'hole'
July 08, 2021 10:00 - 14 minutes - 9.73 MBIt's time to leave behind 'list driven' approaches to case preparation and delivery. You need a large white space on which you can randomly assign topics. Then you assign the features/facts that surround each topic. That done you stand back and gaze at this two dimensional universe. Now trick your eyes into seeing the third dimension of depth and use that to prioritise those topics. You are now liberated from lists that control and being 'free at last' you can see the 'whole'. Hosted ...
Episode 6 - Chronologies, Demonstrative aids, and Third party witness statements
July 07, 2021 10:00 - 11 minutes - 8.27 MBWhy and how chronologies are an advocate's basic tool. Have you thought about demonstrative aids and how to ensure that they are admissible? The serious problems that arise from using a witness statement taken by a third party are exposed by Jack and Jill. Hosted on Acast. See acast.com/privacy for more information.
Episode 5 - Final comments on stress, first comments on an interview
July 06, 2021 23:00 - 13 minutes - 9.1 MBTips to manage your clients' stress; a reminder to look at the You Tube videos of the telling of the nursery rhyme 'Jack and Jill; some comments on your interview with a client/witness and how to go about having them tell you their story. Hosted on Acast. See acast.com/privacy for more information.
Episode 4 - Fight today or later: which will it be?
July 05, 2021 08:00 - 12 minutes - 8.95 MBThere's prejudice and bullying in the courtroom. How to respond in your client's best interests and to protect and develop your reputation. Hosted on Acast. See acast.com/privacy for more information.
Episode 3 - More Stress - When your witness has a melt down in the witness box
July 04, 2021 07:00 - 11 minutes - 7.62 MBHow do you minimise the chances that your witness will 'melt down', 'implode', 'self destruct' during your questioning in the court room? When your witness preparation fails what do you do in the court room to respect the witness, equip them to try again, and show not only your compassion but your skill? Hosted on Acast. See acast.com/privacy for more information.
Episode 2 - The stress that you bring to every case, to every performance
July 03, 2021 09:00 - 10 minutes - 7.47 MBThe stress that you bring into the courtroom and how to manage and mask it. Hosted on Acast. See acast.com/privacy for more information.
Episode 1 - Introduction to the series
July 01, 2021 09:00 - 14 minutes - 10.3 MBSets out the criteria for how this podcast on the fundamentals of Advocacy in Court can help you in your career as an advocate. The topics discussed in the series are listed. The structure of the podcasts is laid out, including the background story of 'Jack and Jill that is used to illustrate the techniques, tips and explanations. The framework within which all court room advocacy - both for preparation and performance - must take place is discussed. Each episode is about 15 minutes or le...
Episode 1 - Introduction to how to become a better advocate
July 01, 2021 09:00 - 14 minutes - 10.3 MBSets out how this podcast series on the basics of Advocacy in Court can help you in your career as an advocate. Note these podcasts are about approaches, guidelines, suggestions. They are not about rules. The content will be helpful wherever you practice because the thinking about the issues in any case, how they can be approached, how to ask questions and make submissions, and how to deal with the stress that you, and your witnesses will experience, do not know boundaries of legal system, l...