Advocacy Practice

- PART I: Foundation -

Definition of Advocacy

Advocacy is the pleading or canvassing of a case in court - criminal or civil - with an aim to persuade the court to decide in favour of the advocate’s client.

Adequate Preparation Required

Civil Action	Criminal Action
Interview clients and witnesses Study the claim Review written statements on oath Examine real and documentary evidence	Study the charge Review proof of evidence Interview accused and defence witnesses

A counsel must:

• Identify the theory of the case;
• Prepare the trial plan;
• Prepare an ideal closing speech / address.

A story in support of the case emerges, as told by witnesses at trial.

4 Qualities of a Good Advocate

- PART II: Pre-Trial Matters & Interlocutory Applications -

Purpose of Interlocutory Applications

Ahead of trial, applications are made for orders to dispense with interlocutory matters - to enable the substantive action to be suitably positioned for hearing.

Interim Orders - Ex Parte

Interim orders may be made pending the determination of an interlocutory application, on the ground of urgency. Made upon ex parte application. Any order that does not affect the interest of an adverse party may be made ex parte.