What is trial advocacy?
Trial advocacy is the field of knowledge concerned with making attorneys, advocates, and any court-appearing lawyers more effective in court proceedings. Trial advocacy is an essential professional skill for litigators and is taught in law schools and graduate law programs.
Let’s look at the 7 principles of effective trial advocacy:
- Start strong
“Two things remain irretrievable: time and a first impression.” ~ Cynthia Ozick. First impressions are important. The first couple of seconds of each phase within the trial can set the pace for the rest of the trial. Starting strong can lighten your burden later in the trial. During those first moments of each phase, ensure that you place extra emphasis on the key things you want the judge to focus on.
- Brevity over verbosity
Be brief. Long-winded answers should be avoided at all times. As the statement goes, “less is more”. If a question can be answered in one to two sentences, then do so. It will save you and the court’s time and energy.
- Watch your tone
The courtroom is a professional environment. Watching your tone is therefore essential. There are no speaker-connected microphones in most South African courtrooms, therefore you will be required to speak loud and clear for everyone to hear. Watching your tone also means speaking in a respectful tone of voice. Speaking audibly does not mean screaming.
- Clarify specifics
Provide the court with clear reasoning and arguments. You are representing your client in court, which means you are there for a very specific reason: to present and argue your client’s case in front of a judge or magistrate. As a lawyer, you are expected to provide only the specific information relevant to your client’s case. Deviating from this will not necessarily strengthen your client’s case, and most likely waste valuable court time.
- Simplicity over unnecessary complexity
This goes hand-in-hand with brevity. Focus on the 5-10 facts that matter most in your case. One of the best skills you can learn as a lawyer is to be able to simplify a complex case. This however does not mean that you should neglect the other steps, such as clarifying the specifics or starting strong.
- Professionalism is key
Nothing is more off-putting than an unprofessional lawyer. When appearing in court, always dress appropriately (the darker the clothing the better). Watch your posture by standing up straight and sitting without slouching. Be as respectful as possible to everyone inside and outside of the courtroom. When you enter or exit the courtroom, remember to bow at the door. Address judges as “Your Honour”, magistrates as “Your Worship” and witnesses by their last name. But don’t forget your personality when entering the courtroom. You can be professional while being courteous to others.
- End strong
As important as starting strong is in each phase of the trial, ending strong is what matters most. The last few sentences you may give in each phase of a trial will be what the court remembers first afterward. The closing thoughts are what you leave with the court to ponder on. Make sure that you finish strong.
We hope this article has given you a few tips on effective trial advocacy. This however is only the tip of the iceberg, there is so much more you can learn about trial advocacy. The Gawie le Roux Institute of Law has an LPC-accredited course on advanced trial advocacy providing practical information and guidance on cross-examination.
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