Non-Trial Advocacy

Lawyers use non-trial advocacy skills in court for pre- and post-trial submissions. They are easier to learn than trial advocacy skills,and are much more relevant to the work of most new lawyers. This book examines all key aspects of criminal and civil non-trial advocacy, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. Readers will learn the strategies and techniques of non-trial advocacy through seven realistic case studies: the lawyers involved discuss their strategies and deliver their arguments; the judge makes a decision; and the strengths and weaknesses of the arguments are then analysed. With this innovative, case study approach to teaching advocacy skills, Non-trial Advocacy provides an insight into how lawyers think and how they translate their strategies into courtroom action. The book concludes with a discussion of ethical conflicts involved in the practice of advocacy and how these affect the quality of lawyers' work in this field.

Stephen Nathanson teaches advocacy at the University of Hong Kong.