Ashurst Senior Trial Advocacy Seminar Aoning Li – Solicitor Carmen Grobbelaar – Competitions Vice President Trial advocacy seminar

Trial advocacy seminar Outline of seminar Purpose of a trial Timeline of proceedings Court etiquette Objections Step by step walkthrough as a competitor Case theory Advanced cross examination techniques Throughout, we will be referencing the sample question State of Western Australia v Gatter Trial advocacy seminar

Trial advocacy seminar Purpose of a trial  To find fact Difference between finding of fact, and law “Telling a story” Purpose of an advocate Advocacy = persuasion Trial advocacy seminar

Timeline of proceedings Question out Witness Time   Prosecution Opening Prosecution Witness – Examination in Chief Cross Examination by the Defence Counsel No Re-examination Trial advocacy seminar

Trial advocacy seminar Timeline part 2 Defence Opening   Defence Witness – Examination in Chief Cross Examination by the Prosecution Counsel Prosecution Closing Defence Closing Trial advocacy seminar

Trial advocacy seminar Court etiquette “My name is Li and I appear for the Prosecution” “Your Honour” Standing and Sitting – Not around the room Suit up “I submit...” Trial advocacy seminar

Trial advocacy seminar Objections Hearsay -Exceptions -Person is in court Relevance Leading the Witness (objectionable in examination in chief only) General test for whether its leading - Is the answer to the question a yes/no? Speculation Opinion Assuming facts not in evidence Compound question Ambiguous/Confusing question Trial advocacy seminar

Step by step walkthrough Pre Game What do you prepare?   Witness Time Examination in Chief Opening Statement Introduce your case Stating the law Don't make conclusions yet Trial advocacy seminar

Trial advocacy seminar Walkthrough part 2 Examination in Chief Don't asking leading questions! Get out ALL the facts Be ready for objections   Cross Examination Ask leading questions! Discredit their witness Strengthen your case, and weaken theirs Finish strongly Trial advocacy seminar

Trial advocacy seminar Walkthrough part 3 Closing Statement Review the testimonies Address conflicting evidence Draw conclusions and inferences Focus on the important issue(s) Don’t waste your time outlining the whole case again or going through things that are not in dispute Trial advocacy seminar

Trial advocacy seminar Case theory The ‘story’ Broad case theory and detailed case theory Mash the two testimonies together in a way that makes the accused guilty/not guilty. Only make the story “just enough” to get a conviction/acquittal. The more your case theory incorporates facts from the opposition, the better. Trial advocacy seminar

Advanced cross examination theories Making your points through inference rather than directly putting it to the witness. Prosecution - Don't ask the accused whether or not they did it. They will say they didn't. “and then you shot Mr Smith didn't you?” - Don't ask the witness directly.   Instead... “And you had a gun in your hand didn't you” - Yes “And it was loaded wasn't it?”- Yes “And Mr Smith had just called you a dickhead earlier didn't he?” - Yes “So you were really angry at him at that stage right?” - Yes Then sit down. Don't ask the “one question too many”. Trial advocacy seminar

Trial advocacy seminar Questions? Questions, queries Trial advocacy seminar