TRIAL ADVOCACY

INTRODUCTION TO TRIAL ADVOCACY
Advocacy is a Latin word gotten from “advocare” which means “to speak out”.
From the above, one could infer that advocacy means to speak out.
Trial advocacy is limited to hearing of a case in a court of first instance.
However, it should be noted that there is s Advocacy skills deals which deals with general rules relating to the art of advocacy. They are related both are not the same.
An advocate is a person who pleads for a cause or propounds an idea; or a lawyer who pleads or handles cases in court. This extends to appeals where necessary.
The advocate must understand how to tender exhibits, raise objections, address the court and where necessary make a speech by way of an allocutus.
The following are essentials of good advocacy –
1. Mastery of the facts;
2. Mastery of the law;
3. Adequate preparation;
4. Ability to speak eloquently in court;
5. Ability to efficiently conduct oral examination in court; and
6. Mastery of the proper approach to present final or closing address, including the ability to effectively canvass an allocutus or plea in mitigation.
Trial advocacy skills do not exist independently for they have to be mastered simultaneously.
An advocate should avoid the following –
1. Rude language.
2. Hiding under the cover of immunity to ridicule the character of opponents.
3. Being dishonest.
4. Being Hot-tempered.
5. Being timid.
6. Being over sensitive.
The main function of trial advocacy is to resolve factual disputes. The starting point of a trial must always be your case theory which you must present persuasively, and must consist of admissible evidence.
It should be noted that a persuasive (convincing) story can prove an affirmative case if it has the following characteristics –
1. It is told about people who have reasons for the way they act;
2. It accounts for or explains all of the known or undeniable facts;
3. It is told by credible witness;
4. It is supported by details;
5. It accords with common sense and contains no implausible elements; and
6. It is organized in a way that makes each succeeding fact increasingly more likely.
In preparing a persuasive story, the lawyer is under a duty to be bound by the truth under the rules of ethics and the Rules of Professional Conduct.
To prepare a persuasive story, it conceives of the following stages –
1. Prepare a story that has a theory and theme;
2. Plan your final argument;
3. Plan your case in chief considering your potential witnesses and exhibits; evaluating each witness individually in terms of factual weaknesses, evidentiary problems and credibility problems; decide which witness to call;
4. Plan your cross-examination; and
5. Outline your opening statement.
The main effect trial advocacy is for communication, that is, to communicate clearly and persuasively. By this, one could infer three (3) things, which are –
1. Ability to speak with clear voice;
2. Listen carefully and adequately noting the language indicators (that is, speech, intonation, speed, hesitation, attitude, body posture, facial expression, etc); and
3. Ability to question effectively.

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