Advocacy and Oral Skills
Advocacy and Oral Skills tests whether you can present a case clearly, control a witness and adapt to the judge. The exam looks for structure, relevance and poise under questioning.
Core rules
- Prepare a case theory, a chronology and a short list of issues. Every question should have a purpose.
- Examination-in-chief uses open, non-leading questions. Cross-examination uses leading, controlled questions and must put the defence case to material witnesses.
- Re-examination is limited to matters arising in cross-examination; do not introduce a new case.
- Openings should roadmap the evidence, not argue it. Closing submissions may argue, but only from evidence admitted and inferences properly drawn.
- Objections should be short: state the ground and the prejudice. Do not debate at length unless invited.
- Use documents by page and paragraph. Read only the necessary passage and pause for the judge.
Worked example
In a breach of contract trial, the defendant's witness says she posted the acceptance on Tuesday. The defence case is that no letter was received. In cross-examination, counsel should not ask 'You are lying, aren't you?' first. Instead: 'You say you posted it on Tuesday?' 'The envelope was ordinary post?' 'You kept no receipt?' 'You did not check the address?' Then put the defence case: 'I suggest no letter was posted at all.' The sequence obtains concessions before the challenge and gives the witness a fair opportunity to answer.
Traps
Leading your own witness on a disputed fact; arguing the whole case in opening; repeating a question after a clear answer; failing to put the defence case; reading long documents aloud; losing the issue in a personal attack.
Key points
- Prepare a case theory and issue list.
- Examination-in-chief is open; cross-examination is leading and controlled.
- Put the defence case to material witnesses.
- Re-examination is confined to cross-examination topics.
- Close from admitted evidence, not speculation.