ART OF ADVOCACY AND DRAFTING

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ART OF ADVOCACY AND DRAFTING

• By
• P.H. ARVINDH PANDIAN, ADVOCATE

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PROFESSION OF ADVOCACY IS MOST ANCIENT --TIME
IMMEMORIAL
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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.

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GOOD ADVOCACY CHARACTERISTICS  

• HONESTY COURAGE
• INDUSTRIOUS WIT
• ELOQUENCE JUDGMENT AND
• FELLOWSHIP

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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

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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

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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

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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

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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

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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

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PRACTICE AND DEVELOPMENT OF THE ART

• HAVE COMMON SENSE IN GOOD MEASURE
• BE REASONABLE AND NOT TROUBLE THE COURT WITH
  TECHNALITIES

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PRACTICE AND DEVELOPMENT OF THE ART

• KNOWLEDGE OF HISTORY AND LITERATURE AN ASSET
• ELOQUENCE AND TACT
• MARSHAL THE FACTS AND ARRANGE THEM PROPERLY

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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

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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

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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

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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

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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.

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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.

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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
  CLIENTS SITUATION.

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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?

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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

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ART OF DRAFTING

• HAVE A CHECK LIST TO ENSURE MATERIAL MATTERS ARE
  NOT OMITTED
• THE DOCUMENT SHOULD BE LOGICALLY ORGANISED,

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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 !