ART OF ADVOCACY AND DRAFTING

By

P.H. ARVINDH PANDIAN, ADVOCATE

PROFESSION OF ADVOCACY IS MOST ANCIENT --TIME IMMEMORIAL

ADVOCACY AS AN ART

• IT IS AN ART OF CONVINCING IN OTHER WORDS AN ART OF PERSUASION.

• ADVOCATE GIVES THE BENEFIT OF HIS LEARNING, TALENT, JUDGMENT TO HIS CLIENT.

GOOD ADVOCACY – CHARACTERISTICS

 • HONESTY * COURAGE

• INDUSTRIOUS * WIT

• ELOQUENCE * JUDGMENT AND

* FELLOWSHIP

PRACTICE AND DEVELOPMENT OF THE ART

• THOROUGH STUDY OF THE CASE

• MAKE A CLEAR BRIEF ON BOTH LAW AND EVIDENCE

• FORCEFUL, FIRM, DIGNIFIED AND CLEAR

PRACTICE AND DEVELOPMENT OF THE ART

• SINGLE MINDED OF PURPOSE HOLDING TO THE HIS POINT AND HUGGING THE ISSUE TILL THE END IS THE KEY TO WINNI

• NEVER FEEL UNEASY IN TEMPORARY DEFEAT

PRACTICE AND DEVELOPMENT OF THE ART

• AVOID FRIVILOUS OBJECTIONS, WAIT FOR THE MAIN CHANCE TO FORCE YOUR POINTS

• CLARITY, CANDIDNESS AND CAREFUL CHOICE OF WORDS ARE IMPORTANT

• SKILL IN THE USE OF LANGUAGE

PRACTICE AND DEVELOPMENT OF THE ART

• GOOD EVIDENCE IS THE MAIN POINT IN LAW

• DROP ALL EXAMINATIONS AND ARGUMENTS IN THE RIGHT PLACE

• ALWAYS CONSIDER YOUR OPPONENT POWERFUL AND BE READY FOR HIM

PRACTICE AND DEVELOPMENT OF THE ART

• COMBINE FACTS WITH THE APPLICATION OF LAW

• SEE THAT YOU DO YOUR WORK WELL

• ALWAYS HOLD ON HARD TO THE STRONG POINTS OF LAW AND FACTS

PRACTICE AND DEVELOPMENT OF THE ART

• FAMILIARISE YOURSELF WITH FACTS OF BOTH SIDES

• FIND OUT WHAT THE OPPONENT IS LIKELY TO PROVE AND PLAN HOW TO MEET IT

• ADVOCATE CONTROLS THE CASE AND NOT THE CLIENT

PRACTICE AND DEVELOPMENT OF THE ART

• HAVE COMMON SENSE IN GOOD MEASURE

• BE REASONABLE AND NOT TROUBLE THE COURT WITH TECHNALITIES

PRACTICE AND DEVELOPMENT OF THE ART

• KNOWLEDGE OF HISTORY AND LITERATURE AN ASSET

• ELOQUENCE AND TACT

• MARSHAL THE FACTS AND ARRANGE THEM PROPERLY

PRACTICE AND DEVELOPMENT OF THE ART

• PUT FORTH BEST INDISPUTABLE POINTS AND CARRY THE JUDGE WITH YOU BY REASON

• DO NOT ARGUE WITH THE JUDGE

PRACTICE AND DEVELOPMENT OF THE ART

• COOPERATIVE WITH THE OPPOSING COUNSEL AND THE COURT

• REMBMER ARGUMENTS IN COURT ARE DIFFERENT FROM SPEAKING IN PUBLIC MEETINGS

PRACTICE AND DEVELOPMENT OF THE ART

• BREVITY IS FINE ART IN COURT

• EVIDENCE – NOT ELOQUENCE, PREVAILS

• KNOWLEDGE OF LAW IS NOT ENOUGH TO MAKE YOU GREAT. APPLY IT TO FACTS FOR RESULTS

PRACTICE AND DEVELOPMENT OF THE ART

• BELIEVE IN HALF OF WHAT YOUR CLIENT TELLS AND ASK HIM PRODUCE PROOF OF THE OTHER HALF

• A MEDIOCRE ADVOCATE WITH GOOD EVIDECE CAN WIN OVER THE FINEST COUNSEL WITHOUT WITNESSES

PRACTICE AND DEVELOPMENT OF THE ART

• TEMPERAMENT .. BE COOL WHILE ARGUING

• ADVOCACY IS NOT A BUSINESS BUT A PROFESSION, NOT A TRADE BUT A DUTY OF HONOUR.

ART OF DRAFTING

• DRAFTING IS A PRACTICAL TOOL.

• BEGIN WITH A BRIEF OF THE CASE WITH AN INTRODCUTION AND THEN ANALYSIS OR ARGUMENTS. DEVELOP EACH MAJOR ISSUE OR CONTENTION.

ART OF DRAFTING

• WORK WITH THE CLIENT TO ENSURE THAT HIS INSTRUCTIONS FIND A PLACE IN THE DRAFT.

• APPLY LEGAL KNOWLEDGE AND SKILL TO SUIT THE CLIENT’S SITUATION.

ART OF DRAFTING

• MAKE SURE THAT THE INSTRUCTIONS ARE CLEAR.

• WHETHER THE OBJECTIVE HAS BEEN ACHIEVED.

• ANY IMPORTANT POINTS LEFT OUT, WHETHER FURTHER INSTRUCTIONS ARE NEEDED?

ART OF DRAFTING

• DIFFERENT OPTION FOR CHANGING THE DRAFT IN ANY ALTERNATIVE WAY FOR ACHIEVING THE WISHES OF THE CLIENT IN A LEGAL CONTEXT AND FOR SAVING COSTS FOR THE CLIENT

ART OF DRAFTING

• HAVE A CHECK LIST TO ENSURE MATERIAL MATTERS ARE NOT OMITTED

• THE DOCUMENT SHOULD BE LOGICALLY ORGANISED,

CONCLUSION

• FOR WINNING A CASE IN A COURT, ONE NEEDS A GOOD CASE, THEN GOOD EVIDENCE, AND THEN A GOOD WITNESS, FINALLY A GOOD JUDGE AND MORE IMPORTANT GOOD LUCK!!

• THANK YOU !