The
black law dictionary in its 8 edition, defines advocacyas the art of pleading
for actively supporting a cause or proposal. While the chambers dictionary
defines advocacy as the function of an advocate who act as an intercessor or
defender, someone who plead the cause of another; a pleading for the said
person.
In
scot land and some other countries an advocate is a person who is qualified to
plead before a higher court and members of the bar corresponding to Barrister
in England. In spiritual circles the Holy Spirit is the only spirit described
as an advocate which is the spirit of Jesus. Apostle Paul was a renown advocate
even to the gentile world of his day, telling Christians and clasfonites that
we have a mandate to advocate for truth and justice every we find ourselves.
The
ability and skill of an advocate highly essential to dispute as is required in
a law suit showing in forever lawyer who wants to be a litigator in this art.
Court room advocacy according to Keith Evans in his article ‘common sense rules
of advocacy’ “may be likened to acting in a theatre”. I believe this is because advocacy is an art which demands deep introspection, excellent command of
language and strategic arrangement of thought and delivery skills, although his
method may not always be orthodox.
The
need for students who aspire to join the ranks in the battle of litigation, to
have a good view of what is expected of them cannot be trivialized as their
formal training will only provide a foundation for an entire building of
knowledge skill experience and resolve in this area of legal practice, and so
necessitating this research into the ancient art of advocacy. These
skills among others include a thorough and analytical mind, excellent
communication skills, listening skills and questioning skills. Quickly we shall
look into them each.
THOROUGH
ANALYTICAL MIND
It
seems the game of chess can be likened to advocacy and conducting a trial most
of the time. The litigator must from the arrangement of his pleadings organize
and plan all his moves to the point of a necessary check-mate, but leaving open
alternative routes in case of unplanned surprises which are almost inevitable
in litigation. A good advocate think through on his brief carefully identifying
the real issues of his client’s case, possible defenses to be made and the
legal remedies to be claimed.
GOOD
CONTROL OF EMOTIONS
As
an advocate, whatever emotional energy displayed is usually deliberate and used
as a tool either in examining in-chief, cross- examination, or re-examination,
he is not usually given to extremes of emotions. A time in cross-examination,
the Lawyer may be impolite to either annoy the witness to make him falter,
sympathetic to arouse the sympathy of the judge.
EXCELLENT
COMMUNICATION SKILL
The
Lawyer has to develop his skills, not only in making a convincing presentation
to the Judge but requires tactful skills in examining and particularly ion
cross-examining witnesses.