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ART OF ADVOCACY AND DRAFTING

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Presentation on theme: "ART OF ADVOCACY AND DRAFTING"— Presentation transcript:

1 ART OF ADVOCACY AND DRAFTING
By P.H. ARVINDH PANDIAN, ADVOCATE

2 PROFESSION OF ADVOCACY IS MOST ANCIENT -- TIME IMMEMORIAL

3 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.

4 GOOD ADVOCACY – CHARACTERISTICS
HONESTY * COURAGE INDUSTRIOUS * WIT ELOQUENCE * JUDGMENT AND * FELLOWSHIP

5 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

6 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

7 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

8 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

9 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

10 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

11 PRACTICE AND DEVELOPMENT OF THE ART
HAVE COMMON SENSE IN GOOD MEASURE BE REASONABLE AND NOT TROUBLE THE COURT WITH TECHNALITIES

12 PRACTICE AND DEVELOPMENT OF THE ART
KNOWLEDGE OF HISTORY AND LITERATURE AN ASSET ELOQUENCE AND TACT MARSHAL THE FACTS AND ARRANGE THEM PROPERLY

13 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

14 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

15 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

16 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

17 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.

18 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.

19 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.

20 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?

21 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

22 ART OF DRAFTING HAVE A CHECK LIST TO ENSURE MATERIAL MATTERS ARE NOT OMITTED THE DOCUMENT SHOULD BE LOGICALLY ORGANISED,

23 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 !


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