ADVOCACY SKILLSIN

LITIGATING PRACTICE

TRAINING FOR COURT ROOM ADVOCACY

Presentationby

Maj. Gen. Nilendra Kumar,Director,

Amity Law School, Noida

OBJECT

The aim is to indicate the mechanics of law students for advocacy in court room

scenario.

What is advocacy, who is an advocate and what skills does an advocate possess?

ADVOCACY

It is the act of pleading or arguing in favour of

something, such as a cause, idea or policy.

An Advocate

Any person who speaks up for and defends the right of him or herself, or of another person.

ADVOCACY

Refers to the efforts of an individual or group to

effectively communicate, convey or negotiate.

ADVOCACY SKILLS

Communicate effectively Interviewing clients Drafting capability Negotiating settlement and agreements Facilitating early resolution of dispute Representing a client

If you are in a dispute with someone, it would be

beneficial to approach it in such a way that there

will be no loser. In other words, a win-win situation

for all parties.

It means that the other side needs to see the effects of not compromising.

For this, the counsel has to ensure

Reasonable inquiryConfidentialityDisclosureNatural Justice

HOW TO DO IT?

The most effective strategy is to agree in principle

with what is being said but to present a slightly

different perspective or spin on it so that it goes

in your favour.

In India, during the process of ADR, the extent of

judicial intervention is limited.

Hence, the advocates for the parties to the dispute have a limited area/scope to manoeuvre.

Judicial intervention in proceedings and awards

of arbitral tribunals reduces the efficacy of this

ADR mechanism. However, such intervention cannot be wished away.

The binding nature of award does not mean that

the courts do not have a role to play in arbitral

proceedings. Courts often assist or interfere according to the boundaries of the law.

Hence, there is a need for the law students to be duly

sensitized in arbitration law.

In the framing of an arbitration agreement:

Avoid engaging in:BiasFraudMisconductCorruption

Use of video as a Teaching Aid

Videotaped demonstrations showing aspects of

a focused role play. These taped vignettes stimulate discussion on the points depicted.

CONCLUSION

In 1891, Sir Pherozeshah Mehta had the following

words of advice for MK Gandhi, “Rest assured that

it doesn’t take extraordinary skill to be an ordinary

lawyer. Common honesty and industry are enough

to enable him to earn a living…… A vakil should know human nature. He should be able to read

a man’s character from his face.”