Beruflich Dokumente
Kultur Dokumente
TO
ADVOCACY
1.
Welcome
This
module
will
not
take
you
as
long
to
suffer
as
perhaps
others
might.
It
is
not
thick
and
heavy
with
law.
We
hope
you
ruminate
on
the
art
of
advocacy
and
return
to
the
module
time
and
again
as
you
consider
and
develop
your
practice
of
advocacy.
This
module
makes
sense
in
the
context
of
adversarial
law.
Before,
during
and
after
this
module
we
want
you
to
think
about
advocacy.
Consider
what
works
for
you
and
what
does
not.
3.
Learning
Advocacy
Advocacy
is
part
skill
and
part
talent.
Put
another
way
it
is
part
science
and
part
art
form.
Therefore
it
follows
that
it
can
indeed
be
learnt.
This
we
assure
you.
But
it
also
follows
that
this
is
only
up
to
a
point.
The
purpose
of
this
module
is
to
introduce
you
to
advocacy
and
assist
you
in
understanding
case
theory,
ethics,
etiquette
and
delivery
of
winning
legal/factual
arguments.
In
short,
it
is
our
aim
to
make
you
a
competent
advocate.
The
rest
is
up
to
you
and
your
1
practice.
Anyone
can
be
taught
how
to
play
soccer
but
not
everyone
can
be
Maradonna.
Please
keep
this
in
mind.
At
this
stage,
aim
for
competency
of
thought,
preparation
and
delivery.
5.1
Persuasion
We
shall
address
persuasion
in
general
terms
then
specifically
in
relation
to
a
legal
practice
context.
As
we
have
already
discussed,
advocacy
is
the
oral
and
written
art
and
science
of
persuasion.
A
quick
online
review
of
the
meaning
of
to
persuade
brings
us
to
the
following:
þ to
prevail
on
(a
person)
to
do
something,
as
by
advising
or
urging:
þ to
induce
to
believe
by
appealing
to
reason
or
understanding;
convince:
þ to
persuade
the
judge
of
the
prisoner's
innocence.
So,
how
do
we
pick
apart
the
aspects
of
persuading
such
that
we
may
consider
them
individually,
before
putting
them
back
together
to
make
a
coherent
and
better
version
of
our
skills?
Or
put
another
way;
how
do
we
as
people
excel
at
persuading
others?
2
There
are
a
number
of
factors
including:
þ the
credibility
of
the
persuader
(discussed
and
relevant
to
the
section
on
ethics)
þ the
coherence
of
the
point
(case
theory
and
skeleton
arguments)
þ the
delivery
method
(presentation
and
layout)
þ how
readily
the
listener
feels
your
point
just
makes
sense
(Case
theory)
þ how
memorable
your
message
is
(All
of
the
above
and
part
you)
3
7.
Language
There
is
a
huge
propensity
for
those
who
do
advocacy
regularly
in
the
early
career
and
indeed
during
training
to
consider
that
hyperbole,
prosaic
language,
and
flowery
words
are
something
that
necessarily
makes
you
a
good
advocate.
This
is
precisely
antithesis
to
the
case.
To
be
a
good
advocate,
as
mentioned
above,
you
should
be
concise
and
memorable.
Simply
put
sounding
like
Rumpole
of
the
bailey
will
not
assist
with
this.
Do
not
draw
attention
to
yourself
through
over
complicated
language.
Your
Submissions
should
be
put
forward
in
simple
terms
and
in
plain
English
and
be
so
irresistible
to
the
tribunal
of
fact
in
front
of
you
and
they
can't
help
but
see
the
case
cannot
be
but
the
case
as
you
make
it
out.
One
final
point
on
language
use
is
Paralanguage.
This
is
the
vocal
tone,
pitch,
rhythm,
timbre,
loudness,
and
inflection.
A
high
loud
voice
might
indicate
the
person
is
upset,
surprised,
or
happy;
a
low
soft
voice
might
indicate
calm
or
discretion.
Paralanguage
can
change
the
meaning
of
words
(note
how
a
vocal
tone
can
be
used
to
indicate
sarcasm,
for
example).
You
must
remember
this
when
presenting
your
case.
4