Advocacy

Overview

This unit develops students’ understanding and practical skills in trial and appellate advocacy. It examines courtroom procedure, case preparation, and strategic decision-making in civil and criminal contexts. Emphasis is placed on constructing and presenting persuasive legal arguments for legal proceedings in courts and tribunals, both written and oral, supported by sound legal reasoning and ethical practice. Through simulations and applied exercises, students will learn to analyse evidence, anticipate opposing arguments, and refine their professional communication techniques essential for effective advocacy in legal practice

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. apply legal research methods to identify, interpret, and integrate relevant authorities in the development of persuasive arguments
2. demonstrate effective oral and written communication skills by presenting structured, coherent, and ethically sound advocacy submissions within simulated litigation contexts
3. collaborate within a team to plan and evaluate litigation strategies that address procedural, evidentiary, and tactical considerations
4. critically evaluate the case theories, oral advocacy, and responses of others within simulated litigation contexts

Teaching methods

Hawthorn

Assessment

Content

• Team based case preparation and collaboration
• Preparation and case analysis
• Structure and stages of litigation and arbitration
• The art of persuasive argument
• Drafting of written submissions and pleadings
• Basic techniques of oral advocacy
• Examination
• Cross-examination
• Re-examination, rebuttal, and reply
• Opening and closing statements
• Etiquette and ethics