Non-Trial Advocacy

Stephen Nathanson, B Comm, LLB, teaches advocacy at the University of Hong Kong. He has had a wide range of experience as a Barrister in Canada, Solicitor in Hong Kong and legal skills teacher.

'The purpose of this companion is to introduce vocational law students, trainees and junior practitioners to criminal and pre- and post-trial advocacy techniques in a problem-based form. All the fundamental aspects of both criminal and civil non-trial advocacy are examined, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. The case studies presented in this book take place in a fictional country called Metroland, a developed country with its own commonwealth legal system. This directs the book at an international audience, leaving the emphasis on advocacy techniques rather than national legal rules. Each chapter begins with an explanation of the relevant legal rules. The facts of the case studies are then introduced and the court documents set out, before the lawyer's strategies are defined. The oral submissions then appear in script form, followed by suggested solutions and discussions of why those solutions were devised. The case studies method of teaching illustrates how lawyers think and develop tactical approaches, and how they translate these strategies into courtroom activity. Learning arises through looking at problems and the way lawyers deal with them. The provision of problems as well as solutions enables the reader to learn by using the solutions as models to develop their advocacy skills in practice.' The Trainee Magazine, autumn 2004

• Introduction; Chapter 1 Advocacy Skills; Chapter 2 Bail Application; Chapter 3 Plea in Mitigation; Chapter 4 The Civil Litigation Process and Non-Trial Advocacy; Chapter 5 Setting Aside a Default Judgment; Chapter 6 Summary Judgment Application; Chapter 7 Application for Interim Payment; Chapter 8 Ethics and the Quality of Advocacy;