Trial Advocacy Skill (Pre-Trial and Post-

Trial Stage)

Presented By-Munni Patel

BALLB 8th Sem
Sec- A
Roll No - 28
• A formal examination of evidence in a court by a judge and often a
jury, to decide if Somebody accused of a crime is guilty or not is called
Trial.
• The work of lawyers who speak about cases in court is called
Advocacy. It is the act of Pleading.
• The ability to do something well.
Pre- Trial Stage
• Pretrial Advocacy refers to various tasks that are required to be accomplished before
litigation.
• Pretrial lawyering thus involves efforts to amicably settle the case through alternative
dispute settlement mechanisms such as negotiation. It includes
Profile of Effective Lawyers
Litigation Planning
Case oriented Legal Research
Identifying the Legal Issues
TRAP Method
KISS and MISS
Case Study
Case Preparation
Profile of Effective Lawyers

a) knowledge and understanding (of the laws, legal institutions and processes)
upon LL.B graduation; b) Ability towards identification, analysis, evaluation and
synthesis of legal issues, relevant laws and relevant facts; c) Ability towards subject
application and problem solving; d) Ability to identify and use primary and
secondary legal sources and conduct research; e) Ability to independent learning,
research, analysis, opinions, reflections and conclusion; f) Language proficiency and
effective (oral & written ) communication; and g) Other Key skills: comprehension
and usage of numerical or statistical forms, word-procession, using the internet and
email, electronic information retrieval systems, and team work.
Litigation Planning

Litigation is the last option that lawyers resort to in the resolution of a

client’s case. This is so because litigation involves a heavy cost in terms
of expenses and time. There are cases whose outcome is obvious in
light of the facts involved and the laws that are applicable to the issues.
A lawyer who takes up such cases to litigation subjects his/her client to
court fees, lawyer’s fee, and other cost. Such lawyers might obtain
some fee despite their loss of a case, but ultimately they lose goodwill,
credibility and reputation. Thus lawyers are expected to take a case
only where there are points of fact and/or law that warrant litigation.
Case Oriented Legal Research
• Case oriented legal research is necessary for the preparation of the
trial.
• During the trial, at the court of first instance, the facts, evidences to
prove any facts, laws related with facts, case law related with the
particular case, foreign judgment related with the cases are taken into
consideration by the court.
• These points of facts and law, case laws should be identified by the
lawyer to advocate on behalf of the clients and pursue the interests of
the clients.
Identifying the Legal Issues
• During interviewing your clients, your duty is to analyze the
information provided in order to identify the relevant facts and to
weed out the irrelevant.

• To determine the relevant facts, you will usually need to ask

additional questions. At this point, it is appropriate to briefly address
concerns about the unauthorized practice of law.
TRAP Method
• Many legal researchers use a systematic approach called the TARP
method to analyze fact situations
• T for THING or subject matter, place, or property (e.g., divorce, contested
will, dog bite)
• A for Cause of ACTION or ground for defense (e.g., breach of contract,
mistaken identity)
• R for RELIEF sought or type of lawsuit (e.g., monetary damages,
injunction)
• and P for PERSONS or PARTIES involved & their relationship to each
other (e.g., husband-wife, employer-employee, landlord-tenant)
• These issues should be analysed.
KISS and MISS
• In arguing for your cause, whether it be a letter to the solicitor of your
clients’ nemesis, a submission to government about an ill-considered
populist legislative change, or written and oral arguments in a complex trial
or appeal, the Principles of KISS is important
• Keep It Simple and Succinct. (KISS)
• Make It Simple and Succinct! (MISS)
• Concentrate on your best points and discard those of marginal weight.
• Communicate even complex factual scenarios and difficult points of law
simply and clearly.
• Aim as an advocate to give the probably overworked decision maker with a
perplexing problem to solve, such a clear, structured and cogent answer
that she or he will largely accept and adopt the reasoned solution you have
Case Study

• The file of the related case should be studied thoroughly to find out
the details issues which may be for or against the rights of your
clients.
• The secret information or any sensitive information regarding the
procedural error or any error which may benefit your clients' claim
should be found out through the documents study.
• The thorough and systematic study of the file and documents related
with the case will provide the lawyer knowledge about the stronger
and weaker points of facts, evidences and law to highlight during the
oral advocacy.
Case Preparation
• Case preparation is the record keeping and maintaining the file of the
clients in detail for the purpose of advocacy and pleadings.
• Case preparation chart is made on the basis of the relevant facts and
details provided by the clients to the law firm.
• It helps to take necessary decision regarding the case during the
litigation and negotiation.
• Lawyers can create their own case preparation chart format as per
the necessity of the law firm but generally it includes Name, Case
title, Date, Facts and Issues, Missing Information, Assumption,
Analysis of the facts, Alternatives, Decision Criteria, Action,
Implementation etc.
Post- Trial Stage

• Examination of Witness
Witness is one who sees, knows or who gives testimony under oath by
oral or written disposition.
• A Witness must be legally competent to testify.
• Direct Examination of witness.
• Cross Examination of witness.
Organization of Arguments
• While making oral arguments before the court, it will be quite convenient if
arguments are organized systematically.
• We have to make a detail points of the case in written before making the oral
arguments.
• The synopsis of the case should be prepared in the bullet forms and those
points can be elaborated one by one before the bench.
• The statement of the conclusion can also be written within the legal briefs.
• The statement of the rules to support the claims and conclusion should also
be noted.
• The relevant cases in which the supreme court has laid some principles
should also be listed with details decision number
THANK YOU