Advocacy Courses

Advocacy Conduct

  1. Overriding statutory duties
  2. Overriding statutory duty of litigators
  3. Overriding statutory duty of advocates
  4. Hierarchy of duties
  5. Core duties - Justice and the rule of law
  6. Duty to further the overriding objective
  7. Duty to the court overriding duty to client
  8. Duty to conduct litigation economically
  9. Client care obligations
  10. Client's options - ADR
  11. Expense and risk
  12. Deceiving or misleading the court
  13. Deception and misleading
  14. Deception and misleading - Case law
  15. Assisting the court with the law
  16. Drawing the court's attention to content of filed documents
  17. Drawing the court's attention to any procedural irregularity
  18. Constructing facts
  19. Contentions which are not properly arguable
  20. Allegations of fraud
  21. Witnesses
  22. Interviewing witnesses generally
  23. Interviewing witnesses for the other side
  24. Witness whose evidence you know to be untrue
  25. Witness coaching
  26. Advocacy where a member of the firm is a witness
  27. Payment of witness conditional on outcome
  28. Advocacy - are you an appropriate advocate?
  29. Attending on advocates at hearings
  30. Statements to the media
  31. Contentious practice - Discussion questions
  32. Misleading the court - identifying the potential for misleading
  33. Misleading the court - whistle blowing
  34. Misleading an arbitrator
  35. Leading the court to an incorrect appreciation of facts by the way the case is conducted
  36. Advancing contentions which are not properly arguable
  37. Assisting the court with the law I
  38. Assisting the court with the law II
  39. Witness familiarization

Trial Advocacy

  1. Using law in court
  2. Recognise the nature of the tribunal
  3. Articulate a rule or principle
  4. Plan an approach to every favourable and adverse authority
  5. Favourable authorities
  6. Adverse authorities
  7. Judicial precedent
  8. Binding authority (stare decisis)
  9. Standard rules for the citation of authority
  10. Bundle of Authorities
  11. Which Law Report to cite from
  12. Which series of reports?
  13. Unreported case law
  14. In what form should I place law reports before the court?
  15. Referring to Authorities Appropriately
  16. Referring to Judges and Courts
  17. Statutes and Subordinate Legislation
  18. Referring to statutory material correctly
  19. Interpretation of Statutory Material
  20. Civil Procedure Rules
  21. Citation of a textbook

Skeleton Arguments

  1. Purpose
  2. Skeletal
  3. Interim applications
  4. Trials
  5. Appeal (Part 52 CPR)
  6. Commercial Court Guide
  7. Chronologies
  8. Reference to authorities in skeletons

Opening Speech

  1. Purpose
  2. Structure of opening speech

Examination in chief

  1. Exchange of witness statements in civil cases
  2. Calling witness and establishing his or her name and address
  3. Formalities
  4. The order in which to call witnesses
  5. Procedure

Cross-examination

  1. Questioning techniques
  2. The transition
  3. The point of reference
  4. Documents and real evidence
  5. Elicit useful information
  6. Undermine your opponent's case
  7. Witness convicted of a crime
  8. Previous inconsistent statements
  9. Prepare ground for putting your case effectively
  10. Questioning techniques
  11. Limitations on cross-examination

Re-examination

  1. Generally
  2. Releasing the witness

Expert witnesses

  1. Generally
  2. Examination-in-chief of experts
  3. Presentation techniques
  4. Cross-examination of experts

Closing speech

  1. Generally
  2. Structure

Permission to appeal

  1. Introduction
  2. To which court must any appeal from the decision be made
  3. The standard appeal route
  4. Where the case was on the multi-track and the decision was a final one
  5. The route where the decision was itself a decision made on appeal
  6. Permission to appeal - Procedure
  7. Permission to appeal - Grounds
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