THE ART OF LITIGATION



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.
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