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ATP Trial Adv Intro

The document outlines an introduction to trial advocacy course at the Kenya School of Law. It discusses that trial advocacy involves persuading a judge or jury to view a case favorably for one's client. It describes the course structure which includes lectures, simulations, role plays and group discussions centered around criminal and civil case files. The course aims to teach practical trial skills and their interrelationships with other legal units through preparation, examination of witnesses, objections and appellate advocacy.

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Kipsang Koech
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143 views21 pages

ATP Trial Adv Intro

The document outlines an introduction to trial advocacy course at the Kenya School of Law. It discusses that trial advocacy involves persuading a judge or jury to view a case favorably for one's client. It describes the course structure which includes lectures, simulations, role plays and group discussions centered around criminal and civil case files. The course aims to teach practical trial skills and their interrelationships with other legal units through preparation, examination of witnesses, objections and appellate advocacy.

Uploaded by

Kipsang Koech
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Kenya School of Law

ADVOCATES TRAINING PROGRAM


2015-16 ACADEMIC YEAR
Trial Advocacy
INTRODUCTION TO TRIAL ADVOCACY
Samuel Akhwale
Lecturer,
Kenya School of Law

20 February 2015 Kenya School of Law www.ksl.ac.ke


OUTLINE
What Is Trial Advocacy
Why Trial Advocacy?
Inter-relationships
Skills-based component
Course structure
Materials
In house rules

20 February 2015 Kenya School of Law www.ksl.ac.ke


What is Trial Advocacy?
It is about presenting a case before a dispute resolution
forum

Black’s Law online Dictionary 2nd ed. Def. of Advocacy


“The active support of an issue or the espousement of
a set cause

20 February 2015 Kenya School of Law www.ksl.ac.ke


Definitions-Steve Lubet
Steven Lubet, “Modern Trial
Advocacy”-
“Trials are held in order to allow the
parties to PERSUADE(emphasis added)
the judge or jury by recounting their
version of the historical facts”
20 February 2015 Kenya School of Law www.ksl.ac.ke
UN Basic Principles on the Role of Lawyers
No. 13:Duties of lawyers to their clients:
1. Advise on legal rights and obligations and
working of legal systems.
2. Assist clients in every way and take legal
action to protect their interests.
3. Assist clients before courts, tribunals or
Administrative Authorities where
appropriate.

20 February 2015 Kenya School of Law www.ksl.ac.ke


What is the role of the Lawyer?
To persuade the fact finder to
arrive at an opinion favourable to
their client, in accordance with:
a) Substantive Law
b) Relevant procedural law
c) Ethics
20 February 2015 Kenya School of Law www.ksl.ac.ke
What the lawyer will be doing

Persuading the fact finder to arrive


at a conclusion favourable to his or
her client.

20 February 2015 Kenya School of Law www.ksl.ac.ke


Why Trial Advocacy?
a) Is a compulsory unit!
b) Traditional role of representation in court.
c) Representation in other
fora(administrative authorities, tribunals,
or even other public appearance).
d) Effectively playing role in respective area
of Legal practice.(In house lawyer,
academic, political or state office)

20 February 2015 Kenya School of Law www.ksl.ac.ke


Inter-relationships
With other units in the program:
• Civil Litigation.
• Criminal Litigation.
• Professional Ethics.
• Probate and Administration.
• Legal writing
• Commercial Transactions.
• Legal Practice Management.
20 February 2015 Kenya School of Law www.ksl.ac.ke
Civil Litigation-Example
Civil Procedure Act and Rules
Order 18 Rule 2: Unless the court otherwise
orders—
(1) On the day fixed for the hearing of the suit,
or on any other day to which the hearing is
adjourned, the party having the right to begin
shall state his case and produce his evidence in
support of the issues which he is bound to
prove.
20 February 2015 Kenya School of Law www.ksl.ac.ke
Criminal Litigation-Example
Criminal Procedure Code, Cap. 75
Sec. 300-Case for the Prosecution
“The advocate for the prosecution shall open the case against the accused
person, and shall call witnesses and adduce evidence in support of the
charge.”
Sec. 307 –Case for the Defence
307. (1) The accused person or his advocate may then open his case,
stating the facts or law on which he intends to rely, and making such
comments as he thinks necessary on the evidence for the prosecution;
the accused person may then give evidence on his own behalf and he or
his advocate may examine his witnesses (if any), and after their cross-
examination and re-examination (if any) may sum up his case

20 February 2015 Kenya School of Law www.ksl.ac.ke


Professional ethics
Ethical duties-To client; fellow advocates; to court; to
the Administration of Justice.
Conflict of interest -Declining brief; Circumstances in
which a judge ought to recuse himself or herself;
Circumstances in which an Advocate can ask a judge to
recuse.
Court etiquette-Court and similar fora
Standards set in instruments like the Constitution.

20 February 2015 Kenya School of Law www.ksl.ac.ke


Focus of the Course
Practical aspect-Learning by doing.
Group work-working in Firms.
Case files-Criminal and Civil
a) Desmond Peters-Criminal
b) Faith Mueni-Civil

20 February 2015 Kenya School of Law www.ksl.ac.ke


Methodology
• Lectures
• Simulation
• Role plays
• Group discussion
• Project work
• Guest speakers
• Video shows
20 February 2015 Kenya School of Law www.ksl.ac.ke
Materials
• Books-Course outline
• Online resources.
• Relevant extracts from written legal drama.
• Transcripts of Proceedings of a Legal nature.
• Relevant video and even audio resources.

20 February 2015 Kenya School of Law www.ksl.ac.ke


Ground Rules
• KSL code of conduct for students.
• Punctuality.
• Respect for fellow leaners.
• Have only one meeting in a learning session.
• Preparation where will be making a presentation.
• Willingness to make mistakes.
• Willingness to assist fellow leaner.
• Teamwork.
• Sharing-Learning is a two-way process.

20 February 2015 Kenya School of Law www.ksl.ac.ke


Course outline-Part 1
1. Introduction to Trial Advocacy

2. The qualities of a good trial lawyer.

3. General ethical duties of trial lawyers.

4. Conflict of interest.

5. Court etiquette.
6. Dimensions, Rules & Psychology of Advocacy

20 February 2015 Kenya School of Law www.ksl.ac.ke


Course Outline-Part 2
7. Preparation for trial (pre-trial advocacy)
8. Skeleton Arguments

9. The Opening Statement


10. Examination-in -Chief.
11. Cross- Examination.
12. Re-Examination.
20 February 2015 Kenya School of Law www.ksl.ac.ke
Course Outline-Part 3
13. Closing Argument.
14. Objections.
15. Contempt of Court.
16. Appellate Advocacy.
17. General Strategy and Tactics
18. Alternative Dispute Resolution

20 February 2015 Kenya School of Law www.ksl.ac.ke


Curriculum Requirements

Project work-20%
Oral examination-20%
Written examination-60%

20 February 2015 Kenya School of Law www.ksl.ac.ke


Q and A

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20 February 2015 Kenya School of Law www.ksl.ac.ke

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