Table of Contents

Knowing the Audience and Planning the Case

Just another shoplifting case

Knowing your audience

Developing your law and fact case ‘step by step’

Mastery of both sides of the case: good facts, bad facts, and priorities

Illustrative cases and a procedural template

What is your Game Plan?

Developing a plan

The tenant’s game plan

The renovation game plan

The shopper’s game plan

Mastering the Facts

The nature of the interview

The scene

A report from an expert

Do not ask ‘Did you do it?’, but…

Setting an agenda of topics for the interview

Types of questions

Asking open questions

Demonstrative aids

Argument

Argument

Interlocutory applications procedure

Argument for a plea-in-mitigation

Closing address

The Advocate as Conductor

Painting the picture

What is my position in court?

Where do I look?

Masking my anxiety?

What do I call people in court?

Opening statements

AgendasHow to use the circles method for an agenda and questioning

Questioning my witnesses Using a written statementEstablishing a base point

Explaining distancesDescribing the lightingExplaining time

Describing a person

The Performing Witness

Preparing the witness

Giving evidence

To Do or Not to Do

Should I cross-examine?

How do I cross-examine?Exploit your nice sideThe importance of gate-closingAvoid being argumentativeInquisitiveness invites disasterExploiting the failure to explainPotting

The too-talkative witness

Leading questions

The rule of fairness

Making and responding to objections

Impeachment

Credibility matters

Hearsay

An Advocacy Dictionary

Index

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