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Lecture 1 - Introduction

The document outlines a Trial Advocacy course designed to enhance students' skills for performing in court, emphasizing the importance of communication in legal practice. It details the expected outcomes for students, including understanding court procedures, drafting legal documents, and conducting examinations. Additionally, it discusses the structure of the Namibian judicial system, the privileges of legal practitioners, and the prohibitions for non-legal practitioners.

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7 views12 pages

Lecture 1 - Introduction

The document outlines a Trial Advocacy course designed to enhance students' skills for performing in court, emphasizing the importance of communication in legal practice. It details the expected outcomes for students, including understanding court procedures, drafting legal documents, and conducting examinations. Additionally, it discusses the structure of the Namibian judicial system, the privileges of legal practitioners, and the prohibitions for non-legal practitioners.

Uploaded by

john
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Trial Advocacy

Lecture: Advocate T Kasita (full-time and online students)


: LLB, LLM (UNAM)
Email address: thomaskasita@gmail.com
Life as a Trial Lawyer
“A successful legal practice and a successful social life are totally
irreconcilable.” . . .This is the life that faces you if you achieve
success. Author- Eric Morris, Technique in Litigation.

“Trial advocacy is a communication skill”. Author- Ismail Hussain


SC, Trial Advocacy: The Art of Persuasion.
Trial Advocacy

1. Trial advocacy is a course developed to enhance students'


skills to perform during trial.
2. Law School teaches students where to locate the law, trial
advocacy teaches students how to enforce the law before
our Court of law.
3. Consequently, the outcome of this module are as follows-
Outcome of Trial Advocacy Course.
• Students should be able to know the difference between application and
action proceedings.
• Students should be able to identify when to institute application
proceedings and when to institute action proceedings.
• Students should be able to identify which type of documents to draft for
action proceedings and application proceedings.
Continue

• Students should be able to carry out fact analysis model from the information they
got during the consultation process.

• Students should be able to identify the steps involved in judicial case


management, and how to draft the necessary case management reports and pre-
trial reports

• Students should be able to draft initiating pleadings for the respect application
and action proceedings.
Continue
• Student should know how to draft witness statements.

• Student should know how to conduct examination in chief,


cross-examination, and reply. Equally how to conduct closing
argument, or oral arguments.

• How to be ethical in Court, and the require Court etiquette.


Assessment for the module

1. Students would have two assessments- namely a group test,


and a group moot trial.

1. As regards the moot trial- students should divide themselves


in groups of 20. One group would act for the plaintiff, and the
other group would act for the defendant.
Difference between Adversary and
inquisitorial system
Adversarial system Inquisitorial
• In an ADVERSARIAL SYSTEM, a Judge plays a • The Judge plays an active role as
passive role, whereas the litigants, or legal said Judge questions litigants, or
practitioners, play an active role in the witnesses to gather relevant
adducing of evidence. The judge is effectively evidence.
a referee of the dispute.
• Our judicial; system, in limited
cases employs inquisitorial system.
For example, when an accused
pleads guilty to a serious offence.
The Presiding Judge questions
accused to be satisfied that such
accused pleaded to offence
Courts in Namibia
• The Courts are part of one of the branches of the State The Courts form part of the Judiciary.
Under the Namibian Constitution, there are three Courts that have been created, which are-
• The Supreme Court of Namibia- which presides and hear all appeals emanating from the High
Court. The Supreme Court is presided over by three Judges.
• The High Court – which has the jurisdiction to hear and adjudicate on all civil disputes and
criminal prosecution, including constitutional cases, that arise within Namibia.
• Lower Courts which are established by Act of Parliament. Lower Courts are the magistrate
Court.
Privileges of legal practitioner
• A legal practitioner is defined in section 1 of the Legal Practitioners Act (the Act), 1995 as a
person who, in terms of the Act, has been admitted and authorised to practise as a legal
practitioner.
• A person is qualified to be admitted as a legal practitioner by the Court (High Court) if-
• Persons holds a bachelors degree in Law;
• Has satisfactory undergone practical legal training for a period of 9 months.
• Has passed the Legal Practitioners Qualifying Examination.
• Is a Namibian citizen or holds a Namibian permanent resident permanent.
Continue
• Legal Practitioners have certain privileges that only them have. These
privilges are outlined in section 17 and 18 of the Legal Practitioners
Act. These privileges are-
• They have the right to appear before any High Court or tribunal where
litigants have the right to be represented by laws.
• Legal practitioner, with more then one-year experiences, have the right to
appear before the Supreme Court.
• Candidate legal practitioners, is a person registered with the Board of
Legal Education to undergo the course of post-graduate studies (JTC),
has the privilege to-
• Appear in any Lower Court and tribunal
• Appear in Chambers of a Judge in the High Court
Offence committed by persons who are not
legal practitioners
• Persons, this includes law students undergoing undergraduate studies, are PROHIBITED from-
• Practicing our holding themselves out to be legal practitioners.
• Make use of the title legal practitioner, advocate or attorney.
• issue out any summons or defend any action or application in any court of law on behalf of any other
person.
• Draw up the said pleadings and requires a fee or remuneration for such services.

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