Published: 12 April 2022
Professional Skills, Substantive Law,How to Distil your Criminal Case Theory and Strategy | CPD 1.5 hrs
"[T]he key to success is preparation... One of the first things the advocate must do is develop a "theory of the case." This is because every case needs direction and an objective or plan... Surprisingly though many advocates fail to grasp the need for a clear, concise and comprehensive "game plan", or theory of the case...To have a theory of the case means that the advocate must prepare a succinct, persuasive version of the facts which encourages the fact-finder (jury or judge) to decide in his or her client's favour." Willy, A. and Rapley, J., Advocacy (Wellington, Brookers, 2013), at [7.1] and [7.2]
In this recoded webinar, presented by Marc Corlett KC and Nicolette Levy KC, and chaired by Marie Taylor-Cyphers, our presenters will take you through the steps for constructing a theory of the case that brings together both disputed and undisputed facts. They will talk about distilling the essential elements of your case, summing this up in three sentences to ensure that you have presented a strong and succinct argument as to why your client should win. The presenters will give advice on selling the best version of your argument through:
- Storytelling to create interest.
- Simplifying legal terms.
- Finding favour with your fact finder.
- Emphasising why your client should win.
Learning objectives:
- Analysing your case and conveying its essential elements.
- Advocacy as it relates to building a narrative that captures the interest of the fact finder.
- Presenting legal arguments in a clear and concise way that does not lose the interest of the fact finder.
- Strategies for building rapport with the fact-finder - in particular, with juries.
CPD: 1.5hrs
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