Trial advocacy is the body of knowledge concerned with making lawyers and other advocates more effective in court. It is the preparation and presentation of a case in a court of law, particularly during a trial. It refers to the skills and techniques that attorneys use to effectively argue their clients’ cases in front of a judge and/or jury. The goal of trial advocacy is to present evidence persuasively, cross-examine witnesses, and make legal arguments in order to obtain a favorable result for the client.
Trial advocacy is a necessary trade skill for litigators that is taught in law schools and through continuing legal education programs. It is also taught as a mock trial elective in primary, secondary, and undergraduate schools.
Trial advocacy skills are divided into two categories: those that accomplish individual tasks (tactical skills), such as selecting jurors, delivering opening and closing statements, and examining witnesses, and those that integrate individual actions to achieve greater effects and drive unfolding events toward the advocate’s desired outcome (strategy).
Most trial advocacy courses in law school focus on tactical skills, though some incorporate basic methods of strategic planning. Some academics are opposed to advanced strategic techniques because of the imbalance they create, particularly when used against attorneys who are unaware of them. Proponents of advanced strategic techniques argue that they are the only effective way to address the system’s existing imbalances, such as those between indigent defendants and the state, and between working-class plaintiffs and well-resourced, wealthy corporations.
Key components of trial advocacy include:
- Case Preparation: Attorneys must thoroughly research and analyze the relevant legal issues, gather evidence, and develop a strategy for presenting their case. This involves reviewing documents, interviewing witnesses, and building a coherent narrative.
- Opening Statements: At the beginning of a trial, each side delivers an opening statement to the jury. These statements provide an overview of the case’s key points and outline the evidence that will be presented.
- Examination of Witnesses: Attorneys question witnesses in a way that supports their case. Direct examination involves asking open-ended questions to elicit favorable testimony. Cross-examination involves questioning witnesses presented by the opposing side to challenge their credibility or highlight inconsistencies.
- Presentation of Evidence: To support their arguments, attorneys present physical evidence, documents, and other exhibits. To ensure the admissibility of these items, they must follow the rules of evidence.
- Legal Arguments: Legal arguments are made to the judge, explaining how the law applies to the facts of the case. These arguments can have an impact on the judge’s decisions on procedural and substantive issues.
Strong communication, critical thinking, and persuasion skills are required for trial advocacy. Attorneys must be able to adapt to unexpected developments, think on their feet, and respond effectively to opposing party challenges. Successful trial advocacy requires not only knowledge of the law but also an understanding of how to interact with the emotions and reasoning of the judge or jury.
