Advocacy in Court: Preparation and Performance

Court and Tribunal advocacy requires practical skills. Rather than learn bad habits by watching lawyers in court repeat the same mistakes that they picked up years ago, or unnecessarily spend money to get 'same old, same old', immerse yourself in these free podcasts to learn both why and how.

The episodes in this Podcast explain and illustrate the skills that advocates need in any adversarial system.

Episodes are up to 15 minutes ( but #21 is almost twice that) so easily fitted into your busy day. Although the episodes follow a logical order each one is 'stand alone', because every advocate has different needs.

With 17,000 hits ( August 2026) this series is helping those who want to be better advocates.

After you have some in court/tribunal experience come back and relisten, so that you can improve on what you just did from the advocate's table.

Episode 21 was added almost four years after the original production. It's purpose is to alert all listeners to the daily challenges faced by anyone seeking good advocacy that serves clients, the courts and our communities.

Please tell other 'wanna to be better' advocates to listen to this podcast series.

Do yourself AND your witnesses a big favour. Get them to listen to the free WITNESS ESSENTIALS podcast, just four episodes ( a fifth one for expert witnesses). This series saves you time and prepares your witnesses for the task of giving evidence well. Listen yourself and see how much time you can save, while better preparing your client and your witnesses.

An inexpensive, companion book with the same title ADVOCACY IN COURT: PREPARATION AND PERFORMANCE is on Amazon Kindle.

For questions and comments email hughmselby@gmail.com

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Episoder(21)

Episode 13 - Openings and Objections

If you make an opening statement then you are making a promise or promises. Can you deliver on those promises? If you don't then your opponent will point out your shortfall. So cut the cloth of an ...

12 Jul 202111min

Episode 12 - The set up in the hearing space

There are simple things that you can do to make your performance, and that of your witnesses, more persuasive.For you it includes your toolkit, whether and how you use a lectern, and how you monitor y...

12 Jul 20219min

Episode 11 - Pitfalls and Opportunities with open and closed questions in chief -Part 3

The first topic is 'when' and 'how' do you use the technique of 'confess and avoid' during your examination-in-chief of your witness.The second topic is the 'why' and how' of putting yourself into the...

11 Jul 202113min

Episode 10 - Pitfalls and Opportunities with open and closed questions in chief -Part 2

We discuss how to encourage witnesses to best recall a person, a place or a thing that they saw. Then we have our witnesses answer questions in a manner that uses the present sensory experience of eve...

10 Jul 202114min

Episode 9 - Pitfalls and Opportunities with open and closed questions in chief -Part 1

Open questions are the usual technique for examination-in-chief; however, without the proper foundation of a 'neutral' place and time, an open question may be disallowed as 'leading on an issue'. The...

10 Jul 202112min

Episode 8 - Chief/Direct: Asking questions of your witness in an interesting, persuasive way

Convert the wall maps used to prepare your case into convenient A4 size charts to have at the bar table. Leave space on those charts to make notes of items needing attention. Be prepared for the 'unex...

9 Jul 202113min

Episode 7 - See the 'whole', not just the 'hole'

It's time to leave behind 'list driven' approaches to case preparation and delivery. You need a large white space on which you can randomly assign topics. Then you assign the features/facts that sur...

8 Jul 202114min

Episode 6 - Chronologies, Demonstrative aids, and Third party witness statements

Why and how chronologies are an advocate's basic tool. Have you thought about demonstrative aids and how to ensure that they are admissible? The serious problems that arise from using a witness state...

7 Jul 202111min