What is Trial Advocacy?
It is a branch of knowledge which focuses on making legal practitioners more effective in trial proceedings, it also helps develop basic litigation skills that may be used in any legal practice. It is an art of persuasion, which uses the language to tell a convincing and believable story . We have been conducting the Trial Advocacy training since the year 1986. It is modeled on the National Institute of Trial Advocacy (NITA) model of training, visit the (NITA) website here to read up more on their history .
How we approach trial advocacy training is through the adoption of the: learn-by-doing approach, this approach bridges the gap from studying the law, to practicing the law. This is facilitated through courtroom simulations which are loosely similar to mock trials that are usually offered in modules as part of the LLB curriculum by institutions of higher learning
The purpose of trial advocacy is a fundamental one, it is to smooth the transition from the study of law to the practice of law. It teaches one how to be a skilled, capable litigator. The learn-by-doing approach used by the centre offers participants the opportunity of review, as participants are videotaped while engaging in their simulated courtroom experience. This gives a chance to the participants, to assess and track their progress. On a frequent basis we see and hear of glamorous legal dramas and series which boast of eloquent, highly confident litigators donning designer bespoke suits, wowing the crowds with exceptional argumentative skills to name but a few. This sort of craft can only come with good practice. There’s a manner in which witnesses must be spoken to – our national advanced trial advocacy training offers skills on how to deal with expert witnesses for instance, trial advocacy puts an emphasis on the cardinal rules of successful trials and courtroom etiquette.
This is why the centre has an exceptional, dynamic faculty of trainers. Our trainers are inclusive of Judges, Senior Counsels, Professors, Magistrates and Senior Attorneys who have been trained using the renowned (NITA) methodology. Guaranteeing trainees the full experience of advocacy, and a glimpse of what is yet to come.
Skewed briefing patterns: a cause for reflection and action at an accelerated pace.
Advocates staged an ‘unprecedented’ protest of skewed briefing patterns in South Africa’s legal fraternity. According to an article in ‘Business Day Live’, this is the first time advocates who weren’t representing litigants in a case have asked to address a court, on an issue which the court does not have to decide on .
Which generally reinforces the notion of ‘protest’ action, according to the article 115 Johannesburg Bar Council advocates signed a statement which was read out by Adv. Dali Mpofu, the purpose of the protest was to “hopefully spark the necessary debate on racism in our profession” as per the signed statement. This follows a long history of debate surrounding racial inequity in the legal profession, and inadequate representation of historically disadvantaged lawyers in South Africa.
This particular protest was sparked by the lack of adequate representation in the ‘silicosis’ class action legal teams, which only comprised of 3 black counsel, 7 women and no woman senior counsel. This also centres around issues of gender inequality, hence the protest.
In response to the concerns raised by the protest statement, counsel in the ‘silicosis’ class action Jeremy Gauntlett SC indicated that these patterns were a “matter for reflection and action”.
The Black Lawyers Association (BLA) released a statement indicating their full and unequivocal support of the protest and the statement signed by the Johannesburg Council Bar advocates, stating
we believe that it is now high time that the briefing patterns within the legal profession should be addressed at an accelerated pace
. It will be interesting to observe how this particular protest will feed, and advance the concerns of historically disadvantaged lawyers in South Africa, in the near future.
*Advocates stage unprecedented protest over skewed briefing patterns BY FRANNY RABKIN, 23 OCTOBER 2015, 16:09
