![]()
Advocacy is the art of persuasion in court. To be persuasive an advocate must be prepared, disciplined, skilled and able to communicate effectively with the tribunal. Until the 1970's there was a common belief that advocacy could not be taught. It was thought that good advocates were born not made. Reading about advocacy and exposure to senior advocates were thought sufficient for new advocates to learn their skills by observation and osmosis and to develop them by experience. Many did learn, and some who had talent
became excellent advocates. However, it often came at a cost to clients.
Some did not learn from experience but simply perpetuated bad advocacy practices.
Experience does not necessarily equate with competence, far less excellence. The breakthrough came with the realisation that advocacy involves skills and talent. Skills are best taught by the workshop method of performance and instruction in a manner akin to coaching rather than by observing and acquiring information and experience. This process enables advocates to see and analyse their performance, to improve it and to continue learning more effectively from experience in practice. There is no one correct style of advocacy.
Individual styles and abilities must be developed. However, an analysis
of the work of good advocates shows that there are fundamental common features
although the expression of them differs with individual style and ability.
|