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The examples and perspective in this article may not represent a of the subject. You may, discuss the issue on the, or, as appropriate. ( March 2016) () Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is taught in primary, secondary, and undergraduate schools (usually associated with a elective). It is taught as an essential trade skill for litigators in and in programs. The skills of trial advocacy can be broken into two categories: skills that accomplish individual tasks () such as selecting jurors, delivering opening statements and closing arguments, and examining witnesses, and those skills that integrate the individual actions to achieve greater effects and to drive unfolding events toward the advocate’s desired outcome (). Most trial advocacy courses focus on tactical skills, though some integrate basic methods of strategic planning.
Some academics have expressed disfavor with advanced strategic techniques because of the imbalance they create, especially against attorneys who are unaware of them. Proponents of advanced strategic techniques argue that these methods are the only effective means to counter the already-existing imbalances in the system, as between defendants and the state, and between working-class and well-resourced,.
Contents • • • • • • • • • • • • • History [ ] Like most legal skills, trial advocacy evolved through the apprenticeship and practice of attorneys. Even after 1900 (when the education of attorneys shifted to ) most law schools offered little education in advocacy. In 1969, in response to criticism within the judicial system that law schools were not properly preparing attorneys for trial practice, a group of lawyers and law professors combined to form the (NITA). Since then, many law schools have added or improved their instruction in trial advocacy, and numerous organizations have offered classes surveying the subject area, and on specific topics within the field.
Currently nearly one dozen law schools in the United States offer (LL.M.) degrees in trial advocacy. Trial advocacy originally focused on individual actions within the trial, proposing methods for improved selection of jurors, delivery of argument, and direct and cross examination. However, in the 1970s, NITA advanced the concepts of theme and theory as methods of integrating the various components into a cohesive whole.
More recently, has blossomed with the importation of concepts from economic,,, and the application of as a means not only of integrating the various actions within the trial into a comprehensive case, but also as a means of gaining a decisive advantage over opposing counsel. Topics in trial advocacy [ ] The topics commonly encompassed within Trial Advocacy are: Jury selection or voir dire [ ]. Main article: In mock trial, students take responsibility for the / or case in a trial presented using fabricated evidence, and role-players as witnesses and faculty or volunteers as judge or jury. It evaluates the participants’ skills in argument, evidence handling, and examination of witnesses, but omits jury selection and strategic matters. Mock trial differs from in that moot court practices appellate argument, and so involves no handling of witnesses or evidence, but rather is an exercise in legal research and oral advocacy. Basic trial strategy [ ].
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Main article: The means of organizing a case into a clear and complete presentation. • Case Diagrams: In which the attorney charts the elements he / she intends to prove (or attack) and the evidence that will support each. These ensures the case is comprehensively addressed. • Theme and Theory: The theme is a sound bite that captures the emotional appeal of the case, and the theory is an explanation of events.
These serve as strategic focal points, allowing individual actions (opening, examination of each witness, etc.) to be united with a common focus, and in a way that clarifies and reinforces the perception of the case the attorney wants the jury or judge to adopt. Advanced trial strategy [ ]. Main article: The means of organizing the case to maximize the combined impact of every element, and to overwhelm or outmaneuver the opposing counsel while presenting a clear, decisive argument to the jury (or judge, in the case of bench trials). Advanced strategic skills, based upon and, are generally learned outside the classroom, as few law schools teach them. In fact, have criticized advanced strategic techniques for tipping through means unrelated to the. For example, these techniques may be used to cause an advocate unfamiliar with them to take actions that unwittingly undermine his client’s interests.
