Advocacy in Court: Preparation and Performance Hugh

We look at the importance of the prevailing atmospherics at both the case preparation and performance stages.
Examples are given of 'atmospherics'.
The use that you can make of such atmospherics as an advocacy tool is explained.
Opening statements and Closing addresses are discussed with 'atmospherics' in mind.

Please note:

if you have any useful suggestions/ feedback please email the author on hughmselby@gmail.com ; and,
There is a short, practical, but easily affordable book written by Hugh Selby and available on Amazon Kindle that accompanies this podcast series. It too is called, 'Advocacy in Court; preparation and performance'
Also available on Kindle by Hugh Selby, with examples of Chief/Direct and Cross in fictional settings: Liar Games; and, The Bone Cancer.
Another podcast series, just 7 short episodes, appealing to anyone with an interest in our justice system is ' The Man who wasn't There' ( available around 28 August 22 on many podcast sites).

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Although we have expectations of competence and integrity from the other 'actors' in litigation there are those who are 'bad actors'. They are drawn from police, other lawyers, media and the judicial/tribunal officers before whom we run cases.
Experience brings some ability to respond to such improper conduct; however, at any time in one's career it is important to have one or more mentors from whom good and timely advice can be sought.
This episode describes some of the bad acts that you are likely to encounter. It also provides some hints as to how you can respond.
Always try to keep in mind that bad acts by others are not a reason for you to do the same. Your clients, your colleagues, and our community depend upon our willingness to stand up to bad acts by clear, timely, appropriate 'calling it out'. That is much easier said than done but, as with everything in advocacy, preparation helps our performance.
Please note:

if you have any useful suggestions/ feedback please email the author on hughmselby@gmail.com ; and,
There is a short, practical, but easily affordable book written by Hugh Selby and available on Amazon Kindle that accompanies this podcast series. It too is called, 'Advocacy in Court; preparation and performance'
Also available on Kindle by Hugh Selby, with examples of Chief/Direct and Cross in fictional settings: Liar Games; and, The Bone Cancer.
Hosted on Acast. See acast.com/privacy for more information.

This so-called rule of fairness afflicts the defence in both criminal and civil cases. We examine what the rule may require, how to pose questions that comply, how its application and consequences vary between criminal and civil cases.
Episode 19, 'Bad things happen' - how you need to be prepared - released on 28 May 2022.
Episode 20, all about interacting with jurors, especially in opening and closing, is being prepared in June 2022
By the way, if you've gone to the trouble to listen to episodes 18 and 19 then delve into the podcasts on cross examination. There's useful material there that you haven't read and haven't heard about. Explore, enjoy, engage.
Also available on Kindle by Hugh Selby, with examples of Chief/Direct and Cross in fictional settings: Liar Games; and, The Bone Cancer


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What the Expert Witness Guidelines require. Settling the issues to be addressed by the expert. Contents and layout of an expert report. Objectives of your conference with the expert. Evidence by AVL.  Preparing for and cross-examining the other sides' expert.
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Your witness needs to let you know during the cross-examination that you can safely raise a matter with them during your re-examination.  Even so, whether or not you re-examine requires you to assess the state of your case.

Some aspects of questioning, such as having a  witness declared hostile/adverse/unfavourable, or raising bad character, or attacking credibility require the prior leave of the judicial officer. Be prepared by having your script in your trial note book.

Closing argument admires the decision maker who has already decided in your favour and hopes to persuade the undecided decision maker to prefer your case to your opponent's. If you made promises at the beginning of the hearing then show how they were kept.  If they weren't kept then have a decent explanation.  Keep within the attention span of your audience, and deliver in such a manner that they can absorb and consider your points. With a judge alone be sure to inquire on the record as to whether you have addressed everything they expected.



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To look or not to look at the target witness - it's a matter of personal style.

The 'real time' risk assessment that governs how you conduct your cross-examination:  it can be OK to ask questions to which you do not know the answer.  It can also be OK to ask open questions.

The thrill of the spontaneous 'perfect' question which is not spontaneous at all.

Be sure to keep something good for the finish: write it out.

Rehearse with your witnesses as to when they are to answer you opponent with 'Would you like me to explain'.


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