With your practise experience comes. It is one of the traits that a senior advocate has and through this experience an advocate can handle all the cases, circumstances and even all the unwanted situations. His handling power becomes prominent with comparison to others. Logical Thinking: A good lawyer always keeps his personal life separate from professional life and they usually are not emotional.
But they need to understand the feelings of the other person and apprehend their issues. This trait is very important your personality. Your ability is tested when you can think in any circumstances or situations without even consulting your associates and then present that case in your favour in a reasonable or logical manner so as to win your case.
Self control: Whether your case is on a negative track or a positive track control on emotions, expression and thoughts is also essential. You always need to think before you speak. If words are beneficial they can be harmful too. Stability : A senior lawyer always have a stability in this thoughts as well as in his career.
He can tackle every situation in a peaceful manner and have a conversation calmly without any aggression. Stability and maturity in professional or personal life comes with experience. But this does not mean that it gives special favour or do any discrimination and if it does then it will violate Article 14 that is equality and Article 18 conferment of any title of the constitution.
Senior advocate is recognition of his skills, experience, knowledge and expertise. If one is aspiring to become a senior advocate, then it needs lots of sweat taking hard work and with that special knowledge in the field of law. But only hard work is not the key to success with that you also need to do some smart work.
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Among that- building your communication skills, advocacy skills, counselling skills and use of your brain in multiple directions. To become a senior lawyer and a have a special ability is not so easy task. Experience is one of the major factors which creates your confidence and leads you to the success. Perhaps the author should have elaborated further by taking reference from Supreme court rules and Delhi high court rules. Also after Indira Jaising v.
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Supreme court of india , there have been a lot of changes in the criteria. Sign in Join. Sign in. Log into your account. Sign up. Password recovery. Recover your password. Forgot your password? Get help. Login with your social accounts:. Create an account. The court needs advocates to confine themselves to addressing the points identified in the preparation for trial documents if appropriate as disputed.
If an expert is against you, there is no point in asking them the same question posed in lots of different ways, as all you are going to do is re-enforce the case against you.
Keep it simple and straightforward. Make notes as you go along, although this is not always easy. In any case, find a way of highlighting:. Prepare your summing up. In a long trial, there is sometimes time to do this. In a short trial, you may have sketched out something beforehand. I find it is useful to make headings as to the main points I want to get across, although often it is a case of adding to this as you go along. I have a page in my notebook where I jot down points as they develop in the trial. It goes without saying that if you are going to refer to the law, you must be able to quote it, have sufficient copies of any relevant case law with you, and that you have circulated it to your fellow advocates.
Stick to giving any background information on your client that is not included in the report.
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Underline the salient points. Recently, I was acting for a mother in a care case. However, she was not able to say she consented to this. She wanted to tell the court she thought the recommendation was wrong.
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I liaised with my colleagues representing the other parties. They agreed they would not ask her any questions. She was able to have her say, which she ended with a curtsey and the court went onto make the expected decision. Attend the Civil Litigation autumn conference and learn about changes to the Civil Procedure Rules, what civil litigators and dispute resolution experts need to know, gain practical advice in relation to e-filling. You are here: Home Practice areas Top 10 tips for advocacy in the magistrates court.
Top 10 tips for advocacy in the magistrates court by Sarah Newens. Print this page.
Know your tribunal Bear in mind that while magistrates may not be lawyers, they are experienced people. My first experiences of advocacy before magistrates I was fortunate enough that my firm had the foresight to send me on an advocacy course when I qualified. Top tips for preparation in the magistrates court Although I have done some criminal advocacy in the magistrates court in the past, my recent experience is in family, so my perspective is family-orientated.
In any case, find a way of highlighting: anything significant said; something you might want to refer back to; something you would like to ask a question on; and anything that you will use in your summing up.