Ashurst Senior Trial Advocacy Seminar

1. Ashurst Senior Trial Advocacy Seminar Aoning Li – Solicitor Carmen Grobbelaar – Competitions Vice President Trial advocacy seminar

2. Outline of seminar • Purpose of a trial • Timeline of proceedings • Court etiquette • Objections • Step by step walkthrough as a competitor • Case theory • Advanced cross examination techniques • Throughout, we will be referencing the sample question • State of Western Australia v Gatter Trial advocacy seminar

3. Purpose of a trial •  To find fact • Difference between finding of fact, and law • “Telling a story” • Purpose of an advocate • Advocacy = persuasion Trial advocacy seminar

4. Timeline of proceedings • Question out • Witness Time • Prosecution Opening • Prosecution Witness – Examination in Chief • Cross Examination by the Defence Counsel • No Re-examination Trial advocacy seminar

5. Timeline part 2 • Defence Opening • Defence Witness – Examination in Chief • Cross Examination by the Prosecution Counsel • Prosecution Closing • Defence Closing Trial advocacy seminar

6. Court etiquette • “My name is Li and I appear for the Prosecution” • “Your Honour” • Standing and Sitting – Not around the room • Suit up • “I submit...” Trial advocacy seminar

7. Objections • Hearsay • -Exceptions • -Person is in court • Relevance • Leading the Witness (objectionable in examination in chief only) • General test for whether its leading - Is the answer to the question a yes/no? • Speculation • Opinion • Assuming facts not in evidence • Compound question • Ambiguous/Confusing question Trial advocacy seminar

8. Step by step walkthrough • Pre Game • What do you prepare? • Witness Time • Examination in Chief • Opening Statement • Introduce your case • Stating the law • Don't make conclusions yet Trial advocacy seminar

9. Walkthrough part 2 • Examination in Chief • Don't asking leading questions! • Get out ALL the facts • Be ready for objections • Cross Examination • Ask leading questions! • Discredit their witness • Strengthen your case, and weaken theirs • Finish strongly Trial advocacy seminar

10. Walkthrough part 3 • Closing Statement • Review the testimonies • Address conflicting evidence • Draw conclusions and inferences • Focus on the important issue(s) • Don’t waste your time outlining the whole case again or going through things that are not in dispute Trial advocacy seminar

11. Case theory • The ‘story’ • Broad case theory and detailed case theory • Mash the two testimonies together in a way that makes the accused guilty/not guilty. • Only make the story “just enough” to get a conviction/acquittal. • The more your case theory incorporates facts from the opposition, the better. Trial advocacy seminar

12. Advanced cross examination theories • Making your points through inference rather than directly putting it to the witness. • Prosecution - Don't ask the accused whether or not they did it. They will say they didn't. • “and then you shot Mr Smith didn't you?” - Don't ask the witness directly. • Instead... • “And you had a gun in your hand didn't you” - Yes • “And it was loaded wasn't it?”- Yes • “And Mr Smith had just called you a dickhead earlier didn't he?” - Yes • “So you were really angry at him at that stage right?” - Yes • Then sit down. Don't ask the “one question too many”. Trial advocacy seminar

13. Questions? • Questions, queries Trial advocacy seminar