1. ADVOCACY EXCLUDING EXAMINATION AND CROSS EXAMINATION APRIL, 2015 BY STERNFORD MOYO 1. THE OBJECT OF ADVOCACY AT A HEARING 1.1 To summarize and collate the evidence pertinent to your case 1.2 To advance reasons for acceptance and rejection of evidence depending on its impact on your case.

2. 1.3 To focus attention on probabilities where there is evidence conflicting with the evidence supporting your case. 1.4 To articulate the principles of law involved and case authorities demonstrating the respect in which they support your case. 1.5 On issues where the court has discretion, such as costs, to focus the court’s attention to factors favouring the exercise of discretion in your client’s favour.

3. 2. FACTORS TO KEEP YOU WITHIN THE RADAR To remain within the radar, there are four things you should aim to have from the Judge at all times. 2.1 Attention 2.2 Comprehension 2.3 Acceptance 2.4 Retention

4. 3.To maintain the four things you require from the judge, a number of factors are important. 3.1 Your message and the manner in which it is packaged. Its consistency, logic and foundation in law and fact. 3.2 Your impression of conviction, passion, confidence and forcefulness – the actor element 3.2 The source, that is to say, you - The extent to which you generate credibility in the eyes of the listener namely the Judge.

5. 3.3 Your audience. 3.4 The extent to which you can provoke the mental and physical participation of the Judge. 3.5 How your message sits on contemporary norms and beliefs. 3.6 How it sits on the Judge’s mental shorthand

6. 4. LANDMARKS TO KEEP YOU WITHIN THE RADAR 4.1 Preparation 4.2 Illustrations and analogy 4.3 Use of legal principles and authorities 4.4 Your focus on the order you seek from the court

7. 5.DANGEROUS WINDS 5.1 Inappropriate diction, etiquette and mannerisms 5.2 Obscurity arising from a mass of facts, issues, submissions, arguments, contentions and considerations. Brevity lies at the heart of persuasion. 5.3 Repetition 5.4 Verbosity or unnatural speech 5.5 Inappropriate humour

8. END Sternford Moyo Scanlen & Holderness CABS Centre, 13 th Floor 74 Jason Moyo Avenue Harare +263 4 799636 – 42 +263 4 702561-8 Mobile : +263 77 125 408