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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. Trial advocacy seminar
Questions?
Questions, queries
Trial advocacy seminar