FORMAL FRIDAY

Types of advocacy

What is advocacy??

Advocacy is an act of speaking about a specific issue or cause. It can be seen through a selection of work including debates, negotiations, and mooting. This article will look in depth at two types of advocacy. There are two types of advocacy to develop: written or oral. If you are deciding to go into a legal career depending upon the type of law that you want to practise there will be a stronger requirement for either type. Therefore, it is important to develop both and learn your own advocate style.?

Skills:

Listening = To be an exceptional advocate you have to listen. Listen to your learned friend, clients, judges, and other perspectives. Sometimes you will have to put yourself in the shoes of someone else to understand the impact or their perspective. It is within the job role to take upon client instructions, understand the judgement held by judges and hear the submissions of the learned friend. In doing so you are able to advocate your submissions better, offer developed proposals, and provide evidence that is justified. In some circumstances the submissions proposed may differ due to a change in circumstance. It is important that the instructions of clients are taken, as ultimately it is the advocates responsibility to advocate on their behalf.?

Communication = Being an advocate means you will be in conversation with a range of individuals. Some may be more educated than you, but others may have low IQ levels. You must manage and adapt your speaking style to accustom the person that you are speaking to. It does not mean to belittle someone. However, speaking to someone in constant legal terminology will naturally confuse them as they do not understand the system the same way law school teaches. Therefore, simplifying the terminology, principles and concepts will ensure that any individual will better understand you. On the other hand, it is important to properly approach the judges and learned friends as expected in the courtroom.? Professionalism should be maintained throughout conversations and ensure that all parties understand the proceedings.

Persuasion = Advocacy is a form of persuasion. You have to demonstrate to the court that you understand your client's case through clear submissions. You must gain trust from your client to deliver justice within the courtroom. It is given knowledge that your role is to persuade the jury or parties to consider your clients instructions. Depending upon the type of law that you specialise within will also shape WHO you have to persuade. Why? The legal circumstances and cases for individuals will differ depending upon factual issues. For example, in family law you will be persuading the judge to keep child care arrangement proceedings for your client the same. Whereas, in criminal law you will be persuading the jury that your client should be acquitted of murder under joint criminal enterprise. As noted, there is a difference in who you will convince due to them making the ultimate decision.?

Research = Regardless the type of law that you specialise in research is key. The extent of research will differ depending upon the practice but it is an important skill to be mastered. What do you need to research? Case law. Statutory Instruments. Legal principles and opinions. Academic commentary. In combination, these will explain why your submissions are justified. These act as evidence for telling a story of your client within the proceedings. It is therefore important to ensure that you understand the information you are providing to the court and it is relevant. Ensure that there is nothing updated from the content used, look at commentary for explanation purposes, and use evidence that will build upon the submissions proposed.

Mooting:?

Skeleton Arguments = Despite the type of law that you are completing a moot within, the layout of a skeleton argument will be similar. This is a type of legal draft in proposing submissions (arguments) to be presented on behalf of your client to the judge. Therefore, it is a key piece of written advocacy that highlights your skills.?

1. The case law or statutory instruments used must be relevant.?
2. Your submissions should be clear and serve a purpose.?
3. Always check for grammatical and spelling errors.?

When I outline submissions I either use the chronology of facts as a reference point, or I group specific facts together to talk about. Linking the factual evidence to the submissions will enable you to create stronger submissions. Why? Because you have your point (submission) and your evidence is highlighted through the facts of the case. To further elevate the point, discuss case law or statutory instruments to enhance it.?

Evidential Bundles = If you have been present in court you will see advocates have folder bundles of evidence. This is a source of material provided to the court to showcase submissions, evidence and client instructions. Depending upon what stage of the competition you are at evidential bundles are not required in first rounds. Therefore, the stronger your skeleton argument is, the likelihood of you making it to the semi-final to final rounds of the competition. Included in an evidential bundle will be a content page, skeleton arguments, evidence of materials (first page, actual page used, and final page), and facts of the case. It should serve the purpose as being a resource to be referred to throughout the court proceedings and be engaged with.?

Difference moots = In participating in the three different types of moots I have learnt something different every time. Due to the nature of the law differing, my advocacy style has changed slightly to fit the legal area.?

• Contractual moot = There is always formalities and a structure to follow. It is important to properly understand the principles and apply the legal framework. Confident in the terminology used and the impact it has on interested parties.?
• Criminal moot = Highlighting the impact on the parties in question. Reliance on case law and previous judgements. Understand and process the meaning of past judgements, implications in this case, and how the judge can rule in your favour. It is about a just outcome not winning.?
• Civil moot = Requirement of an emotional standpoint. Use of emotive language and change in tone throughout submissions. Emphasis upon the impact of facts on the clients and reference to the welfare of children.

Debating:

Dealing with the question = The question posed is not always legal. However, the skills and principles taken from participation will assist with legal advocacy. I had completed a debating competition looking at the implications of Northern Ireland being a part of Ireland, and debating whether it was a positive change to be made. The focus of the question was looking at perceptions and different perspectives, how did the history of both influences change and what would be the ideal outcome. Therefore, my advice would be to think about WHAT the question is asking and WHY it is asking that question. Typically there will be debates about it online, therefore use google search to find the different viewpoints that can be brought into your own discussion.?

Two side argument = In debates there will always be two sides to the arguments. It is about perception and perspective to the same scenario before you. Therefore, to be good at debating you need to think about your arguments and what the other side will argue. In thinking about what they will argue you can get ahead of rebutting them arguments. There will always be circumstances of you not being 100% prepared and that is the purpose of quick thinking. However, in drawing up quick comparisons and challenging your own arguments you will be more prepared in the debate.?

Proposing a solution = The solution to the question posed should be outlined in three simplified arguments. Typically 2-3 points is a justified amount to debate. It ensures the points are well thought, developed and evidenced. The question you should be asking is why is your answer right? Have you provided enough evidence, justification and response to your side of the debate?

Advocacy = How does this link to the legal field? In law you will always have a learned friend or judge to be challenged. Therefore, you need to be prepared to propose new suggestions, analyse the propositions put forward by others, and outline the impact. In completing debating competitions it will enable you to think more clearly about why your submission is fit for purpose.

What makes a good advocate?

1. Being prepared in researching and presenting submissions.?
2. Clearly outlining your submission and the reason for it. Why should your client get the result they want??
3. Knowing the case facts, relevant laws, and statutory instruments. You will be asked questions you are not prepared for. The examples provided are appropriate and recent,
4. Speaking clearly and with emphasis - do not be monotone, it is boring.?
5. Thinking about the arguments proposed by the other side before they propose it. How can you challenge it? What are your rebutting submissions??

Until the next Legal Thought,?

Elicia Maxwell