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What is a Trial Brief and what are its functions?

A trial brief also known as case brief or trial statement.


It is a legal document presented to the court in accordance with
the court’s rules of civil procedure intended to provide the court
with the presentation of facts, evidence and legal arguments.
Moreover, it is a chance to show the Judge the position on the
outstanding issues, as well as the legal arguments for why the
Court should order in your favor.

It is essential to know the function of a trial brief because


it establishes the legal argument for the party, explain why the
reviewing court should affirm or reverse the lower court's
judgment based on legal precedent and citations to the
controlling cases or statutory law, To achieve these ends, the
brief must appeal to the accepted forces such as  precedent,
but may also include policy arguments and social statistics
when appropriate.

In this instance, if the law is vague or broad enough to


allow the appellate judge some discretion in his decision
making, an exploration of the consequences of the possible
decision outside of legal formalism may provide guidance. Such
arguments may also support a legal argument when the
purpose of the law at issue may be clear, but the particular
application of that law in service of that purpose is in dispute.

What attitudes must a good trial lawyer have to effectively


advocate his clients' interests?

In the famous words of Henry Brougham: “An advocate, in the


discharge of his duty, knows but one person in all the world, and that
person is his client.” To be a good trial lawyer, he must possess the
following attitudes:
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1. Duty of Competence;

Lawyers must be knowledgeable, skilled and capable in the


areas of law in which they practice. The lawyer owes the client a
duty to be competent to perform legal services undertaken on the
client’s behalf.

2. Duty of Honesty and Candor;

A lawyer must be honest and candid with a client at all times.

3. Duty of Confidentiality;

Subject to a few exceptions, the duty of confidentiality prohibits


a lawyer from revealing, at any time or in any circumstance, any
and all information obtained by the lawyer during the course of his
or her relationship with the client.

4. Duty Not to Withdraw;

The obligation placed on a lawyer to agree to represent a given


client is relatively limited.

5. The Lawyer as Advocate;

A lawyer shall represent the client resolutely and honorably


within the limits of the law.
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6. Avoiding Being a Tool or Dupe of Unscrupulous Persons.

A lawyer has an obligation to never assist in or encourage any


dishonest or illegal conduct, or instruct the client on how to avoid
legal penalties.

3. What is a direct examination? 

4. What is a cross examination?

Direct examination is a series of open-ended question by an


attorney directed to a witness that the attorney has called for the
purpose of testimony. By contrast, cross-examination questions are
very pointed, specific questions which suggest either a “yes” or “no”
answer.

References:
https://www.advocates.ca/Upload/Files/PDF/Advocacy/InstituteforCivi
lityandProfessionalism/Duty_to_Clients.pdf;
Brief (law) - Wikipedia
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