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.
GOOD ADVOCACY –
CHARACTERISTICS
• HONESTY
*
COURAGE
• INDUSTRIOUS
*
WIT
• ELOQUENCE
*
JUDGMENT AND
*
FELLOWSHIP
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
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
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
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
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
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
PRACTICE AND
DEVELOPMENT OF THE ART
• HAVE COMMON SENSE IN GOOD
MEASURE
• BE REASONABLE AND NOT TROUBLE
THE COURT WITH TECHNALITIES
PRACTICE AND
DEVELOPMENT OF THE ART
• KNOWLEDGE OF HISTORY AND
LITERATURE AN ASSET
• ELOQUENCE AND TACT
• MARSHAL THE FACTS AND
ARRANGE THEM PROPERLY
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
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
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
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
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.
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.
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.
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?
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
ART OF DRAFTING
• HAVE A CHECK LIST TO ENSURE MATERIAL
MATTERS ARE NOT OMITTED
• THE DOCUMENT SHOULD BE LOGICALLY
ORGANISED,
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 !