Advocacy, that's what it's all about. The ability to persuade others that your argument is better than the other side's. No problem, it'll be a breeze, I'm a woman for God's sake, it's what we were born to do, get our own way, by any which way, whilst the other side are somewhat belatedly uttering "what the f..."
So, why the problem? It's just a straight forward, common all garden, plea in mitigation. I just need to wax lyrical for a few minutes about what a little gem my pretend client is. I intended to spend a couple of hours, well ok, a morning preparing the crib notes and then run through it just the once, but things haven't quite gone according to plan. The bullet points with just a few words to prompt me are ok, but the plea has no flow, it's all over the place and as soon as I try to stop continually looking at the notes, I forget key points, such as the defendants name!
There's just so much to think about, what to do with my feet, hands, eyes, shoulders, voice, notes? Barman has been warned that this weekend he is going to be a judge and he will sit and listen to my plea in mitigation and will then offer constructive criticism. Barman has gone all quiet on me, he knows that this latest exercise could well turn into a very hot, political potato, resulting in childish sulks and absence of a lovingly cooked dinner.
7 comments:
But your client is no longer a defendant. Convict or, possibly, prisoner, is more accurate but, to play safe, I believe it is OK merely to refer to your client by their name.
Hah!
Im just reading David Pannick QC's "Advocacy" and out of the four pages that I've read it seems to be full of lots of anecdotes about what "advocacy" is all about!
To quote Mr Pannick
"He earns his living propounding views to which he does not necessarily subscribe, and which are sometimes anathema to him, on behalf of clients whose conduct may not interest hi, will often offend him, and can occasionally cause him outrage"
Good luck with your plea mitigation!
BB - I think that it would be ok to refer to the person not yet sentenced as a defendant?
Lost - Reminds me of something someone once said to me - "never lie in court, get your lawyer to do it for you".
It is still correct to refer to your client as the defendant in the course of your plea in mitigation.
The best advocacy book I encountered during the BVC was The Devil's Advocate by Ian Morely.
Also, albeit a little out of date in some of the parts on evidence, Effective Advocacy by Noel Shaw is full of very useful practical advice - particularly for conducting a criminal case - and has working plans for bail apps and pleas in mitigation.
Google plea in mitigation and you will pull up an example form the OUP.
Enjoy it!
Hello ninon,
Oh yes, the Devil's Advocate, I'm still trying to be irresistible, but need to practise a bit more:-)
How did you get on?! I'm waiting to do mine...bail application I think. V nervous.
I cannot believe how difficult it is. Ran through the plea with Barman (who had to pretend to be a lady magistrate:-)), got tongue tied, lost my way, shuffled about, faffed with my hair, dried up completely, mumbled, in fact, you name it, I did it.
There is plenty of room for improvement!!!!
I've got a few more days before the real thing, so I'm going to get a friend to listen through and see if I can improve. My poor pretend defendant is destined for B+B at her Majesty's pleasure if I don't get my act together.
Post a Comment