Neide Lemos
14/02/2022
Reading time: four minutes
I started on the Legal Practice Course (LPC) with an interest in advocacy.
After initially being swayed towards the Bar profession, I soon realised that as a solicitors can engage in advocacy in courts. While being a barrister brings the flexibility of being self-employed from day one, solicitors can take a Higher Rights of Audience course to gain advocate status and enjoy the same advocacy as barristers to become what is known as a ‘solicitor advocate’.
Even if you’re begrudged by advocacy, remember that all lawyers, including solicitors need to have good public speaking skills, so engaging on the advocacy module is a great place to start.
So, what is advocacy?
Advocacy is a skill that is completed in practice – both oral and written. Advocacy is a real test of your oral and written skills. It is the ability to assess your client’s case and put forward a legal argument that is favourable to your client.
To learn about mooting, read our LCN Feature: ‘Mooting opportunities for students’ and this LCN Says on ‘Why you should get involved in mooting.’
In practice, this skill encompasses other skills you’ll learn on the LPC, including drafting. A common example is the type of advocacy that is conducted in your local crown court. Let’s not forget that advocacy can also take place in civil hearings such as family disputes.
Advocacy on the LPC
On the LPC, you’ll be given a civil or criminal matter for your assessment. The assessment will involve presenting a persuasive argument to obtain a favourable outcome for your client. As it is a simple presentation, you will not have to worry about arguing points of law.
I appreciate that not every aspiring lawyer had the opportunity to engage in advocacy in law school and that the idea of advocacy can, at first, be daunting. So, if you’re due to start the advocacy module on the LPC or Solicitors Qualifying Exam (SQE), below are my top-tips.
Prepare for success
Even born advocates need to dedicate their time to prepare their clients' case. Begin by assessing the facts of your clients' case. List the points that you wish to deliver and learn them. Think about the questions that you would be asked in a real scenario and think about how you would respond to them to ensure that your presentation is ticking all the boxes of what you need to include, while adhering to your time limits.
Effective advocates will have all the relevant facts and law ready to be able to present succinctly. By ensuring that you know the case logically, you can prepare a skeleton argument to give you structure.
There’s no need to hand in a skeleton argument on the LPC but it's an easy way to build up your confidence for when it's time to present. Use this time to also brush up on the procedural rules surrounding the case. Practise answering questions about your case with your peers.
Practise, present and breath
Reliance on a script is preparation to fail. Instead of focusing on delivering your speech, you’ll be focussed on reading off a prepared script. This affects the fluidity of your presentation and will distract your examiner (or the judge).
If you have a thorough understanding of your case you’re less likely to need to refer to a prepared script. During your workshop, watch the rest of your class to assess the strengths and weaknesses in other people’s advocacy. This will help you to see what works and what doesn’t. As you will be assessed on whether you’re competent/not competent, focus on the skill that you are developing.
Remember that advocacy is only a reading exercise when you're preparing and learning the facts of the case. Think about your tone and rhythm. If you speak too fast your examiner is unlikely to understand the points that you are making and if you speak too slow, your examiner is likely to lose interest - no one likes to hear a monotone speech. Both of which can lead your argument to seem unconvincing.
Master the art of thinking on your feet, if you forget a point that you're trying to make your preparation and confidence in your presentation will help you to ensure that you don't go off track. Remember that the whole point of advocacy is to convince the judge (and jury) to agree with your client’s case. Essentially, your presentation time is your time to perform - think of the court room as your stage!
Final thoughts
Overall, the skill of advocacy is useful for every lawyer. It will push you out of your comfort zone but if you remember to be comfortable, the confidence will shine through. The opportunity to dress in the appropriate attire for the assessment will enhance the experience.
So, like with every module on the LPC or SQE, make the most of the teaching that you’re given as they will give you the groundings to become a successful lawyer.
Read this LCN Blog for an honourable insight to the inns of court.