This programme features Session 2 of the Essential Written Advocacy Course 2025. There are five sessions in total for the course.
Synopsis:
Modern dispute resolution in courts and arbitration places great emphasis on written advocacy. From correspondence to pleadings to affidavits to submissions, a case can be won and lost even before an advocate rises to speak. Writing well requires strong fundamentals, including an understanding of basic principles of good writing; a solid foundation of substantive law; adroit eliciting, portrayal, and management of facts and evidence; and the ability to tailor the balance between objective and persuasive elements of law, fact, and evidence.
Good written advocacy is both an art and a science. There are rules and frameworks to be followed and precedents to have regard to, but there is also the avoidance of the dross and the gloss, and the infusion of that additional element of style that makes the writing readable and effective. With the increased use of Generative AI in legal practice, this series will also tackle head-on the use of Gen AI in written advocacy in all its forms.
If a client’s desired outcome is a certain destination, the case theory is the road-map that takes the court there. An advocate cannot be successful in his written advocacy without first taking proper instructions from his client and then developing a case theory that binds together both evidence and law in a persuasive structure. This session will guide participants on how to efficiently take instructions from a client, including pointers on formulating appropriate questions that will elicit responses useful to developing the case theory. Participants will learn how to go about developing and utilising the case theory to enhance the overall persuasive value of every piece of written advocacy. Ethical issues will also be considered, including challenges that may be posed when taking instructions and formulating case theories that thread close to the fine line of professional ethics.
Keywords
Advocacy, Communications, Writing, Case Theory, Ethics
