Lawyers use non-trial advocacy skills in court for pre- and post-trial submissions. They are easier to learn than trial advocacy skills, and are much more relevant to the work of most new lawyers. This book examines all key aspects of criminal and civil non-trial advocacy, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. Readers will learn the strategies and techniques of non-trial advocacy through seven realistic case studies: the lawyers involved discuss their strategies and deliver their arguments; the judge makes a decision; and the strengths and weaknesses of the arguments are then analyzed. With this innovative, case study approach to teaching advocacy skills, Non-Trial Advocacy provides an insight into how lawyers think and how they translate their strategies into courtroom action. The book concludes with a discussion of ethical conflicts involved in the practice of advocacy and how these affect the quality of lawyers' work in this field.
Author(s): Nathanson
Year: 2001
Language: English
Pages: 130
Preliminaries......Page 1
PREFACE......Page 6
CONTENTS......Page 8
Introduction......Page 10
1 ADVOCACY SKILLS......Page 16
2 BAIL APPLICATION......Page 28
3 PLEA IN MITIGATION......Page 52
4 THE CIVIL LITIGATION PROCESS AND NON-TRIAL ADVOCACY......Page 78
5 SETTING ASIDE A DEFAULT JUDGMENT......Page 96
6 SUMMARY JUDGMENT APPLICATION......Page 126
7 APPLICATION FOR INTERIM PAYMENT......Page 164
8 ETHICS AND THE QUALITY OF ADVOCACY......Page 208
Bibliography......Page 216
Index......Page 218
