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This unit has been discontinued.

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Should enrolments not meet a target of 15 students, the unit may not be offered.

Introduction

This unit provides a theoretical and practical framework to enable an understanding and application of the skills of advocacy. It provides law students with the opportunity to develop a broad range of skills towards all aspects of effective advocacy as a junior lawyer. The unit is innovative and interactive and is intended to enhance academic, professional, legal and practical skills. The unit aims to help prepare a lawyer in junior civil and criminal practice with the skills and expertise to deal with the type of hearings and situations that they will typically encounter in junior practice.

The unit includes basic advocacy skills; the role and etiquette of an advocate; the underlying notion of 'ethical' advocacy to all aspects of advocacy; taking clients' instructions; dealing with vulnerable clients and witnesses; life as a junior advocate case; case analysis; preparation for trial; negotiation and alternative dispute resolution; written advocacy; the trial skills of examination in chief, cross-examination, opening and closing addresses; potential work demands and the advocacy situations that junior advocates are likely to encounter such as the difficult judge, bail applications, adjournments, pleas in mitigation, tribunals and, lastly, an introduction to appellate advocacy.

The unit combines in an intensive format both formal (courtroom) and informal (including negotiation and dispute resolution) settings, realising that these processes stand by each other in modern legal practice and complement each other and must be managed concurrently by lawyers. The course utilises the wide and diverse background of the teaching staff and includes the input of members of the Tasmanian legal profession and judiciary. The course has a detailed civil and/or criminal case scenario and the advocacy exercises and final combined exercise in lieu of an examination follow this scenario from the start to the end of the proceedings. Students conduct both oral and written advocacy exercises as part of the unit.

The course involves about 30 contact hours over six intensive days with the emphasis in the morning components on lectures and in the afternoon on student involvement and advocacy presentations. Directed pre-course preparation provides the necessary theory to the practical part of the course.

Summary 2020

Unit name Advocacy
Unit code LAW628
Credit points 12.5
Faculty/School College of Arts, Law and Education
Faculty of Law
Discipline Law
Coordinator

Dr David Plater

Teaching staff

David Plater and others

Level Advanced
Available as student elective? No
Breadth Unit? No

Availability

Note

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* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).

About Census Dates

Fees

Requisites

Prerequisites

LAW204 OR LAW255 AND LAW251 AND LAW252 AND LAW256 AND LAW250 AND LAW253 AND LAW254 OR LAW226 AND LAW223 AND LAW224 AND LAW205 AND LAW221 AND LAW222 AND LAW225 OR LAW253 AND LAW222 AND LAW221 AND LAW223 AND LAW351 AND LAW352 AND LAW224

Teaching

Teaching Pattern

TBA

Assessment

In Class (30%): Class Advocacy Exercise (15%) and Self-Paced Course Modules: Written Assignment (15%)

End of Course (70%): Verbal Court Presentation and Legal Submission (50%) with written outline (20%) (in lieu of examination)

TimetableView the lecture timetable | View the full unit timetable

Textbooks

Required

Martin Hinton QC, Justice Tom Gray, David Caruso (eds); Essays in Advocacy (Barr Smith Press, 2012)

Recommended

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