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Shree. ( Advocate.)     03 September 2008

What is Advocate?Techniques for Effective Advocacy









What is Advocate?
















      An advocate is a person who takes positive action to support a cause which results in a desired change. As an advocate you express your opinions because you feel strongly about a particular issue and recognize that fact that action is necessary to make people aware of the facts in order to effect change.



 






               General Techniques for Effective Advocacy




 


 Identify yourself







 


Be Specific



Make Your Position Personal .



Reflect Confidence



Highlight Profound Issue 

 


Be Brief and to the Point



 Relate to Timely Topics -



 Support Your Position with Facts 

 


  Do Not Delay





  NEVER IDENTIFY YOURSELF WITH THE CLIENT.








 








 












 

 



Learning

 8 Replies

K.C.Suresh (Advocate)     04 September 2008

Dear shree


Add one more after considering it:


NEVER IDENTIFY YOURSELF WITH THE CLIENT.

N.K.Assumi (Advocate)     04 September 2008

Dear Shree,


                        I would say :- A good Advocate is one who master the briefs, the evidence, the contentious issues, clever enough to handle a difficult witness and above all the talent to filter the facts from the standpoint's  view of the Client. Added to these are, Practice and hard work, tenacity,courage and self control, Honesty a must, language and humanity. Never fight a case to win but with the aim to do justice as losing the case may sometime up hold the majest of Law.

Rajan Salvi (Lawyer)     04 September 2008

Dear Mr Assumi,


 


                         I liked your last sentence " Losing a case may sometime up hold the majesty of Law"


 


A small incident :- I filed a bail application in the High Court . Accused was arrested for offence punishable u/s 302,376,201 of the Indian Penal Code. There was an eye witness who put accused around the spot of indidence. There was also statement u/s 164 before Mag. by one witness to whom accused had allegedly confessed. There were scratches on the hands of accused. Position against my client were grim. I read the papers from charge sheet and i came to know that my client was innocent. DNA analysis of the semen on the duppatta clearely stated that DNA of on dupatta and accused semen did not match. ON this thread , I confidently argued the matter , insisting on bail.TO my astonishment the Honourable Justice Shri R.S. Mohite rejected the bail application and ordered investigation by CID. After a period of 6-8months , the real culprit, i.e. a cowherd of 14 years was arrested and his DNA and that of the duppatta semen matched . He confesed.


 


This is where your last line comes into play. Imagine if my bail was allowed , it was a clear case of acqittal for my client during the trial and he would no doubt have been acquitted . LEARNED JUDGE MUST HAVE THOUGHT THIS IS A CASE FOR BAIL BUT IF ACCUED IS RELEASED MATTER ENDS THERE AND THE REAL CULPRIT WILL NEVER BE FOUND. THE OFFENCE WAS HENIOUS SO THE JUDGE MUST HAVE THOUGHT LIKE THAT.


 


2 months back my client was discharged from the criminal case honourably.

Shree. ( Advocate.)     04 September 2008

Dear Sirs,




 


      Yours is also valid points.

N.K.Assumi (Advocate)     05 September 2008

Dear Shree,


                                As  lawyer reading of human mind is one of the core elements and that is one thing very ver difficult and that is where we fail the most. Lets all be careful on this aspect as we can not just swallow all the story narrated by our client. Its g ood to know that you have also experience such incidents. To be frank I have saved many clients who were guilty but it does not make me happy at all rather there was storm on my mind even though the trial has ended. There and there I realized that only an act of justice can make us happy. I dont know how many judges and lawyers in this country think of this aspects. Once again tanx.


                                 By the way here we are lacking in many many things in this profession, and having come in touch with you all through this forum is really a blesing for me so keep in touch. And please let me also know how to make a contribution to this forum however small it might be.

Shree. ( Advocate.)     06 September 2008

Dear Assumi Sir,


   Thanks for your reply and its my pleasure to be here in this forum and coming to your views on our profession,Today's lawyer is in a highly competitive market with clients. In the past, clients were willing to deal with one lawyer and had a "comfort zone" with that lawyer. The client wanted the lawyer to handle everything. The lawyer was perceived as "the expert" and his or her judgment seldom questioned. After all, the law was far too complicated for the mere mortal to understand. The client  had a fear that if a "lawyer was not involved" they would be taken advantage of. The lawyer developed his or her own comfort zone knowing that the client would always return, recognize him as an "expert", and thus the client depended on the lawyer.


 


(Guest)

Thank you all.

prabodh kumar patel (advocate)     26 October 2008

Thanks


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