Advocacy and Conference Skills
Advocacy and Conference Skills
This domain tests the craft of advocacy and client conferencing: case theory, examination-in-chief, cross-examination, re-examination, opening and closing submissions, objections and the ethics of persuasion. It also tests how you prepare a client, advise on strengths and weaknesses and record instructions.
Core skills
- Case theory. Build one coherent narrative, a chronology, a list of issues and an evidence map.
- Examination-in-chief. Ask non-leading questions; avoid hearsay and inadmissible opinion; let the witness tell the story.
- Cross-examination. Use leading questions, one fact at a time; challenge inconsistencies; put your client's case to the witness (the rule in Browne v Dunn).
- Re-examination. Confine yourself to matters arising in cross-examination; do not introduce new issues.
- Submissions. Open with a roadmap; close by tying evidence to the legal elements.
- Objections. Object promptly and concisely on relevance, hearsay, opinion or privilege.
- Conferences. Prepare an agenda, listen, advise candidly, discuss plea or settlement, confirm instructions and explain fees.
Worked example
You defend an assault charge under section 3 of the Non-Fatal Offences Against the Person Act 1997. The prosecution witness says she saw your client punch the complainant; your client says he acted in self-defence. In cross-examination you must put the self-defence account to her-for example, "You did not see the complainant raise his fist, did you?"-so that the jury can weigh it. You should not argue with the witness. In re-examination, clarify only what cross-examination disturbed.
Traps
- Leading your own witness in chief.
- Failing to put the defence case, then calling evidence on it later.
- Making a speech in place of a question.
- Overloading a conference with legal jargon and giving guarantees.