Module TL14801
Author Gravett , W. H.
Year of Publication 2009
Title The funda m en t:::~! princip les of effective tri al advocacy
Publisher Juta
Chapter number Chapter 1
Chapter title Characteristics of effective trial lawyers
Page numbers 1-23
This material has been reproduced in thee-
Reserves on behalf of the UNIVERSITY OF SOUTH
AFRICA (UNISA)
The material may be subject to copyright under
the Copyright Act no. 98 of 1978. Any further
reproductio i1 or distribution of th is material by you
may be a violat ion of the Copyright Act .
A single copy (printed or electronic) of tne
material mav be kept for academic use only.
, Chapter 1
Characteristics of Effective
Trial Lawyers
Desire .... ... . . . .. . .. . . ... . . . .. . . · · · · · · · · · · · · · · · · · · · · · ·
Courage . . . ............ . . .. .. ... . · · · · · · · · · · · · · · · · · · · · · ·
Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Judgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Excellence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Trial advocacy is a craft. And, like any craft, it can be lea rned. The com petent
trial lawyer can use trial advocacy tech niques, but the effective tri al lawyer is a
master of th em.
To become a master, you have to acquire, practise and constantly hon e t he
universal principles and techn iques of effective trial advocacy .
Do you have what it takes for a life inside the courtroom? Alt hough effectiv
co urtroom advocacy is not th e exclusive purview of any one type of
personality or background, there are certain ch aracteristics that all master
trial lawyers possess in great meas ure.
Desire
The basic quality of every trial lawyer is the burning desire to be a tria l lawyer.
You must love and need the courtroom .
But you must also be able to survive its demands. In fact, you have to do
much more than merely survive them . You must embrace them; love them;
live for them .
Th e best and worst times of a trial lawyer's life happen in side the courtroom.
There you will experience every emotion - from euphoria to misery - often
in a single day.
Courage
A clear mind, the capacity to reduce complexity, the ability to select iss ues, a
competitive spirit, common sense, studiousness, knowl edge, endurance and
th e will to win - these are all admirable qualities in a tria l lawyer.
1
, 2 The Fundamental Principles of Effective Trial Advocacy
But there is one indispensable characteristic that ,the trial lawyer must
possess in greater measure than any other: courage.
Trial practice is the sharp edge of the law. It is where the action is. It is, at its
core, civilised warfare. And, as a trial lawyer, you are the champion of your
client. This means:
+ You must be tenacious.
+ You must never relinquish a key position without a fight.
+ You must be firm and aggressive, yet always polite.
(Be sure always to recognise,the difference between being firm and being
belligerent; between being aggressive and being arrogant.)
+ You must have the desire to .win.
It is easy to assert that the courageous trial lawyer·fearlessly raises every "issue,
advances every argument, and asks every question that will advance the
client's case. However, the true test of . courage in the courtroom demands
deeper reflection. Will you continue to display courage when the fact-finder,is
unreasonable? When your most important witness .collapses under ,cross-
examination? When a more experienced adversary tries to unnerve you by
gratuitously embarrassing you in open court? When the fear of failure
threatens to overwhelm you?
You will inevitab~y reach a point i'I'l trial - ·all trial lawyers do - when
courage is .in , short supply. During these times, remember the words of Sir
Winston Churchill:
Success is not final.
Failure is not fatal.
It is the courage to continue that counts.
lnte~ rity
The courtroom atmosphere is intimidating and emotionally charged. It is not
conducive to persp.ective and calm reflection. It often demands split-second
decisions. In the heat of the battle, your ethical obligation to represent your
client zealously in the adversarial system may tempt you to sacrifice integrity
to achieve a short-term goal.
Always remember that a trial lawyer is not merely,a hired mouthpiece. You
must exercise independent judgement.
You may never be an instrument of fraud, or be a party to misleading the
Court. Your word is your bond. Never compromise your personal standards of
integrity for any client. There are no exceptions.
Knowledge
The facts of your case
If you can look forward to immersing yourself deeply in the facts of your case
- in fact, to lose yours_e lfjn them - ·you are well on ynur way to becoming an
effective 1triallawyer.
Author Gravett , W. H.
Year of Publication 2009
Title The funda m en t:::~! princip les of effective tri al advocacy
Publisher Juta
Chapter number Chapter 1
Chapter title Characteristics of effective trial lawyers
Page numbers 1-23
This material has been reproduced in thee-
Reserves on behalf of the UNIVERSITY OF SOUTH
AFRICA (UNISA)
The material may be subject to copyright under
the Copyright Act no. 98 of 1978. Any further
reproductio i1 or distribution of th is material by you
may be a violat ion of the Copyright Act .
A single copy (printed or electronic) of tne
material mav be kept for academic use only.
, Chapter 1
Characteristics of Effective
Trial Lawyers
Desire .... ... . . . .. . .. . . ... . . . .. . . · · · · · · · · · · · · · · · · · · · · · ·
Courage . . . ............ . . .. .. ... . · · · · · · · · · · · · · · · · · · · · · ·
Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Knowledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Judgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Excellence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Trial advocacy is a craft. And, like any craft, it can be lea rned. The com petent
trial lawyer can use trial advocacy tech niques, but the effective tri al lawyer is a
master of th em.
To become a master, you have to acquire, practise and constantly hon e t he
universal principles and techn iques of effective trial advocacy .
Do you have what it takes for a life inside the courtroom? Alt hough effectiv
co urtroom advocacy is not th e exclusive purview of any one type of
personality or background, there are certain ch aracteristics that all master
trial lawyers possess in great meas ure.
Desire
The basic quality of every trial lawyer is the burning desire to be a tria l lawyer.
You must love and need the courtroom .
But you must also be able to survive its demands. In fact, you have to do
much more than merely survive them . You must embrace them; love them;
live for them .
Th e best and worst times of a trial lawyer's life happen in side the courtroom.
There you will experience every emotion - from euphoria to misery - often
in a single day.
Courage
A clear mind, the capacity to reduce complexity, the ability to select iss ues, a
competitive spirit, common sense, studiousness, knowl edge, endurance and
th e will to win - these are all admirable qualities in a tria l lawyer.
1
, 2 The Fundamental Principles of Effective Trial Advocacy
But there is one indispensable characteristic that ,the trial lawyer must
possess in greater measure than any other: courage.
Trial practice is the sharp edge of the law. It is where the action is. It is, at its
core, civilised warfare. And, as a trial lawyer, you are the champion of your
client. This means:
+ You must be tenacious.
+ You must never relinquish a key position without a fight.
+ You must be firm and aggressive, yet always polite.
(Be sure always to recognise,the difference between being firm and being
belligerent; between being aggressive and being arrogant.)
+ You must have the desire to .win.
It is easy to assert that the courageous trial lawyer·fearlessly raises every "issue,
advances every argument, and asks every question that will advance the
client's case. However, the true test of . courage in the courtroom demands
deeper reflection. Will you continue to display courage when the fact-finder,is
unreasonable? When your most important witness .collapses under ,cross-
examination? When a more experienced adversary tries to unnerve you by
gratuitously embarrassing you in open court? When the fear of failure
threatens to overwhelm you?
You will inevitab~y reach a point i'I'l trial - ·all trial lawyers do - when
courage is .in , short supply. During these times, remember the words of Sir
Winston Churchill:
Success is not final.
Failure is not fatal.
It is the courage to continue that counts.
lnte~ rity
The courtroom atmosphere is intimidating and emotionally charged. It is not
conducive to persp.ective and calm reflection. It often demands split-second
decisions. In the heat of the battle, your ethical obligation to represent your
client zealously in the adversarial system may tempt you to sacrifice integrity
to achieve a short-term goal.
Always remember that a trial lawyer is not merely,a hired mouthpiece. You
must exercise independent judgement.
You may never be an instrument of fraud, or be a party to misleading the
Court. Your word is your bond. Never compromise your personal standards of
integrity for any client. There are no exceptions.
Knowledge
The facts of your case
If you can look forward to immersing yourself deeply in the facts of your case
- in fact, to lose yours_e lfjn them - ·you are well on ynur way to becoming an
effective 1triallawyer.
