Advocacy (Bar Manuals)

Description

Cover FOREWORD GUIDE TO USING THIS BOOK OUTLINE CONTENTS DETAILED CONTENTS Part I Introduction 1 Introduction 1.1 Why should you read a manual on advocacy? 1.2 What this manual cannot do 1.3 How to use the manual 1.4 The importance of thorough preparation 1.5 A cautionary note 1.6 Objectives and teaching theory for the advocacy course 1.7 General bibliography 2 The qualities of the advocate 2.1 Introduction 2.2 The essentials of advocacy 3 Ethics, etiquette, and cross-cultural communicationin the courtroom 3.1 Introduction 3.2 Rules of professional conduct 3.3 Conventions of etiquette 3.4 Cross-cultural communication in the courtroom 3.5 Preconceptions Part II The basic components for applications and submissions 4 Recognising competence—advocacy skills criteria 4.1 Introduction 4.2 How should we define competence? 4.3 Advocacy skills 5 Preparing for court 5.1 Introduction 5.2 Thorough preparation 5.3 Prepare your delivery 5.4 From lawyer to advocate 5.5 Being adaptable 5.6 Planning a route to your destination 5.7 A work plan for a criminal trial and conference 6 The content of your application 6.1 Introduction 6.2 The content of submissions 7 Structuring your application 7.1 Introduction 7.2 Applications to a court 8 Delivering your application 8.1 Introduction 8.2 Speak clearly and fluently 8.3 Use appropriate language and manner 8.4 Refer to notes when necessary or desirable 9 Persuasion 9.1 Introduction 9.2 How do we persuade? 9.3 What’s your message? Developing a case theory and themes 9.4 Delivering the message 9.5 Responding to the judge’s interventions Part IiI Preparing for advocacy 10 Your voice and speech 10.1 Introduction 10.2 How your voice works 10.3 Looking after your voice and warming it up 10.4 Breath and breathing 10.5 Posture and status 10.6 Articulation 10.7 Intonation 10.8 Projection 10.9 De-cluttering your speech 10.10 Confidence 10.11 Further reading 11 Memory and recall 11.1 Introduction 11.2 Memory and recall techniques 11.3 Memory and recall exercises 11.4 Witnesses and the court 12 Note-taking 12.1 Note-taking in practice 12.2 Essentials of good notes 12.3 Research notes 12.4 Notes made in preparing a case 12.5 Notes made in preparation for writing 12.6 Interview notes 12.7 Notes in court 12.8 Note-taking in other contexts 12.9 Shorthand 13 Modes of address 13.1 Introduction 13.2 Using the correct form of address 14 The advocate as a storyteller 14.1 Introduction 14.2 Why should an advocate be able to tell a story? 14.3 Selective bibliography 15 The course of a trial 15.1 Introduction 15.2 A criminal trial 15.3 Course of a criminal trial 15.4 A civil trial 15.5 Course of a civil trial Part IV Opening and closing a case 16 Opening speeches 16.1 Introduction 16.2 The basic purpose of an opening speech 16.3 The elements of the speech 16.4 How to structure your opening speech 16.5 Dos and don’ts 16.6 Telling a story 16.7 Checklist for preparation 16.8 Further reading 17 Closing speeches 17.1 Introduction 17.2 The purpose of a closing speech 17.3 The content of a closing speech 17.4 Order of speeches 17.5 Planning your speech 17.6 Delivering your speech 17.7 Checklist for a closing speech 17.8 Epilogue 17.9 Further reading Part V Witnesses 18 The task ahead 19 Basic componentsfor witness handling 19.1 Introduction 19.2 Advocacy training criteria for examination-in-chief 19.3 Advocacy training criteria for cross-examination 19.4 Planning to work with witnesses 19.5 Asking questions—the purposes of questioning witnesses 19.6 The structure of questions to a witness 19.7 Speaking and delivery 19.8 Controlling the witness and using appropriate questioning techniques 20 Basic questioning skills 20.1 Introduction 20.2 The open-ended question 20.3 The closed question 20.4 The transition 20.5 The point of reference (or ‘piggy-back’) question 20.6 Leading questions 20.7 Non-leading questions 20.8 Combining questioning techniques 20.9 In summary 21 Examination-in-chief 21.1 Introduction 21.2 Preparation and planning 21.3 Presenting the evidence 21.4 Special aspects of examination-in-chief 22 Cross-examination 22.1 Introduction 22.2 The aims of cross-examination 22.3 The cardinal rule of cross-examination 22.4 Questioning technique 22.5 Achieving the aims of cross-examination 22.6 Preparation for cross-examination 22.7 Special types of witness 22.8 A famous cross-examination considered 23 Re-examination23.1 23.1 Purpose 23.2 The cardinal rules 23.3 Is it necessary to re-examine? 23.4 Examples of re-examination 23.5 In conclusion 23.6 Releasing the witness Part VI How-to-do-it guides 24 Using this Part of the manual 25 Skeleton arguments 25.1 General 25.2 Skeleton argument for use at a civil trial 25.3 Skeleton argument in support of an interim application 25.4 Skeleton argument in a criminal case 25.5 Exercises 26 Default judgments 26.1 Setting aside default judgments—an introduction 26.2 Civil Procedure Rules 26.3 Making the application 26.4 Documents required to set aside a default judgment 26.5 The hearing of the application 26.6 ‘Unless’ orders 26.7 Checklist for default judgment 27 Summary judgments 27.1 Introduction 27.2 Before attending court 27.3 At court 27.4 Appeals 27.5 Checklist for the hearing 28 Interim payments 28.1 Introduction 28.2 Procedural requirements 28.3 The basis of the application 28.4 The hearing 28.5 Appeals 28.6 Checklist for the hearing 29 Applying for an injunction 29.1 Introduction 29.2 Some expressions explained 29.3 The nature of the order 29.4 Enforcement of the order 29.5 Jurisdiction 29.6 The undertaking as to damages 29.7 A without notice application 29.8 The opposed without notice application 29.9 Applications to vary or discharge 29.10 Applications with notice 29.11 The order 29.12 Undertakings 30 Applications in the ChanceryDivision 30.1 Chancery Division proceedings 30.2 Procedural aspects 30.3 Hearings before the interim applications judge 31 The Companies Court 31.1 Insolvency proceedings: winding-up petitions 31.2 The court 31.3 Petitions by creditors 31.4 Before the hearing 31.5 Substitution 31.6 Noting the back sheet 31.7 The hearing 31.8 Notes on the hearing 31.9 Opposed petitions 31.10 Adjournments 31.11 Rescission of a winding-up order 32 Possession cases 32.1 Introduction 32.2 Possession by landlord—common matters to check 32.3 Trespassers 32.4 Residential possession cases—ordinary proceedings 32.5 Possession in commercial cases 32.6 Mortgage cases 32.7 Practical tips on documents and dress in claims for possession from tenants 33 Application for a preliminary reference to the Court of Justice of the European Union 33.1 References to the Court of Justice of the European Union: Article 267 TFEU 33.2 Which courts can make a reference? 33.3 Which courts must make a reference? 33.4 In what circumstances is a reference to be made? 33.5 Exceptions to the requirement to refer under Article 267(3) 33.6 It is the court (not the parties) that makes the reference 33.7 At what stage in the proceedings should the reference be made? 33.8 Procedure for making the reference 33.9 Costs and public funding 33.10 Proceedings before the Court of Justice of the European Union 34 Applying for costs in a civil case 34.1 The principal costs orders 34.2 How does the court decide what order to make? 34.3 Part 36 offers to settle 34.4 Summary or detailed assessment 34.5 Preparation 34.6 Making the application 34.7 Making the order 34.8 Costs on interim applications 34.9 Procedural default 34.10 Reserved costs 34.11 Small claims track costs 34.12 Fast track costs 34.13 Multi-track costs: costs budgeting 34.14 Appeals 34.15 Publicly funded costs 34.16 Conditional fee arrangements (CFAs), damages-based agreements (DBAs), and qualified one-way costs shifting (QOCS) 34.17 Costs in respect of pro bono representation 34.18 Costs against solicitors and counsel 34.19 Future developments 35 Employment tribunals 35.1 Introduction 35.2 Some expressions explained 35.3 Steps prior to any hearing 35.4 Listing of hearings 35.5 Arriving at the employment tribunal 35.6 Addressing the employment tribunal 35.7 Adjournments 35.8 Preliminary hearing 35.9 Directions/case management 35.10 The substantive hearing 35.11 Settlement 35.12 Further steps 36 Remands/adjournments 36.1 Preparation 36.2 Making the application 37 Bail application 37.1 Preparation 37.2 Making the application 37.3 Procedure 38 Conducting a voir dire or ‘trial within a trial’ 38.1 A voir dire in the Crown Court 38.2 The voir dire or ‘trial within a trial’ 38.3 Example of a ‘trial within a trial’ in R v Lewis and Others 38.4 The voir dire or ‘trial within a trial’ in the magistrates’ court 39 Making a submission of no case to answer 39.1 Introduction 39.2 Defence 39.3 Prosecution 39.4 Form of a submission of no case to answer in the Crown Court 39.5 Form of a submission of no case to answer in the magistrates’ court 40 Prosecuting a plea of guilty in the Crown Court 40.1 Preparatory steps 40.2 The hearing 40.3 Procedure before sentencing—a flow chart 41 The plea in mitigation 41.1 Introduction 41.2 Preparing to make a plea in mitigation 41.3 Presenting the plea in mitigation 41.4 The content of the plea in mitigation 41.5 Conclusion 41.6 Warning 41.7 Further reading Appendix: A CRIMINAL CASE: R v HEATH Index