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ART OF ADVOCACY AND DRAFTING PowerPoint PPT Presentation


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ART OF ADVOCACY AND DRAFTING . By P.H. ARVINDH PANDIAN, ADVOCATE. PROFESSION OF ADVOCACY IS MOST ANCIENT -- TIME IMMEMORIAL. 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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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 CLIENT’S 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 !


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