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Trial Advocacy: The Art of persuasion

What does it take to persuade a judge to accept your client's version of the facts? The answer is in this publication. Advocate Ismail Hussain, a former judge and an experienced senior advocate brings his va

Publication Language: English

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ISBN/ISSN: 9781776320127
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ISBN/ISSN: 9780639013039
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Product description

What does it take to persuade a judge to accept your client's version of the facts? The answer is in this publication. Advocate Ismail Hussain, a former judge and an experienced senior advocate brings his valuable theoretical and practical experience on board to develop this new unique publication, Trial Advocacy: The Art of Persuasion.

An advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how in order to persuade judges, the title imparts useful techniques to help practitioners look, sound, and feel natural and polished in the courtroom. It guides you from the initial steps of taking instructions to the preparation and presentation of your case. This publication is essential reading for legal professionals wanting to become more effective trial lawyers in both civil and criminal proceedings. A must-have for all candidates, pupils as well as practitioners interested in practicing and polishing their trial-related skills in the most practical and effective way

What is unique about this title:

It deals with trial technique from a judge's perspective.

Teaches you how to present in a virtual hearing and how to use technology to improve your presentation in court.

Teaches you how to present electronic documents and evidence sourced electronically.

Has interesting case studies that is used to explain court room technique.

It is a law publication that deals comprehensively with Voice and Pronunciation.

It deals with topics from vulnerable witnesses to difficult judges and from impossible witnesses to witness briefing.

 

Featured Authors

Table of contents

CHAPTER_1 -

Voice and Pronunciation

CHAPTER_2 -

Introduction

Where does Trial Advocacy fit

Understanding the Adversarial System

The Method

The Role of the Judge

The Facts

The Adversarial System

The Judicial Officer

The Trial Lawyer

CHAPTER_3 -

Case Analysis

Telling the Story

Preparation

CHAPTER_4 -

Obtaining Instructions

The Papers

For A Civil Case

For a Criminal Case

The Issues

Obtaining the Facts

Case Concept

Case Study number 1

The Method

CHAPTER_5 -

Taking Instructions

The Method

What About Witnesses

CHAPTER_6 -

The Balance of Probabilities

How Do Judges Approach This?

CHAPTER_7 -

Opening Statement

Civil Cases

CHAPTER_8 -

The Evidence in Chief

The Witness

Witness Briefing

What is the Judge Thinking?

How Judges Weigh Evidence

What is the Judge Looking At?

CHAPTER_9 -

Leading Your Witness in Chief

What are the Main Objectives?

Witness Must be Qualified

What is Evidence in Chief

You Want to be Persuasive

The Question

The Leading Question

Open Questions

Closed Questions

The Effective use of Questions

The Technique

Managing the Paper

The Digital Era

Types of Questions

The Headline Method

The Looping Back Method

The Closed Question

Repeating the Answer

Knowing your Objective

Know When to Stop

Communicating with the Judge

What to Do – a summary

CHAPTER_10 -

Exhibits and other Visual Evidence

Case Management

Collection of Exhibits

Court Technique

You Are on Your Feet

The Necessary Steps

CHAPTER_11 -

eDiscovery

Presenting Electronic Documents

CHAPTER_12 -

Expert Witnesses

The Judge

Preparation

Preparing the Expert

Your Own Preparation

The Formula

Analysis

Leading in Chief

The Method

Qualifying the Expert

Using Leading Questions

The Disputed Issues

Sources of Information

The Opinion

Reasons for the Opinion

Changing the Facts

The Consensus Approach

CHAPTER_13 -

Cross-examination

The Judicial Eyes and Ears

Judges Hate This

Weight as Proof of a Fact

Demeanour

How do Judges Deal with It?

What Not to Do

Purpose of Cross-examination

Listening to the Evidence in Chief

The Questions and Method

Identification

What not to do

The Bad Question

Dealing with your Client's Version

Previous Inconsistent Statements

Expert Witnesses

Challenging the Experts Conclusions

CHAPTER_14 -

The Difficult Witness

The Difficult Judge

CHAPTER_15 -

Re-examination

CHAPTER_16 -

Visual Aids and Exhibits

Communication and Technology

How to use Visual Evidence and other Exhibits

Proving Disputed Exhibits

Electronic Evidence

In Loco Inspections

CHAPTER_17 -

Vulnerable Witnesses

In Chief

Beware the Tag Questions

The Inhibit Choice Question

CHAPTER_18 -

Interpreters

CHAPTER_19 -

Presenting Final Argument

The Judge

What Not to Do

Voice Posture and Pace

CHAPTER_20 -

On Motion

Unopposed Motions

Preparation to Move an Unopposed Motion

The Protocols in an Unopposed Motion Court

How to Move an Unopposed Motion

CHAPTER_21 -

Opposed Motion Court

The Judge

The Judge's File

Preparing to Appear

You are on your Feet

Referral to Trial or Evidence

CHAPTER_22 -

Urgent Applications

After Hours Applications

When Opposed?

CHAPTER_23 -

Virtual Hearings

The SCA Directives

Performing While Sitting Down

The Question of Demeanour

Leading the Witness

Cross-examining a Face on a Screen

Presenting Argument While Sitting Down

CHAPTER_24 -

Performance Anxiety

CHAPTER_25 -

Ethics for Trial Lawyers

CHAPTER_26 -

Digital Assistance in Court

CHAPTER_27 -

Training Trial Lawyers