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Titlethe devil's advocate
LanguageEnglish
File Size356.5 KB
Total Pages274
Document Text Contents
Page 1

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THE DEVIL’S ADVOCATE

A short polemic on how to be seriously
good in Court

Iain Morley
Second Edition

Copyright

Page 2

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Iain Morley

23 Essex St
London WC2R 3AA

Tl +442074130353
Fx +442074130374
Dx 148 Chancery Lane
Em [email protected]

-and-

Office of the Prosecutor
United Nations International Criminal Tribunal for Rwanda

Box 6016,
Arusha, Tanzania

Tl +12129632850 ext 4103;
or
+255272564103

Em [email protected]

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Witnesses 125

WITNESSES ARE PEOPLE.

They are not objects.

They are not for picking over disdainfully like some laboratory
specimen.

There are some truly awful advocates who treat witnesses
appallingly.

Never,
ever
be like that.

***

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126 Chapter X

ALWAYS BE POLITE.

ALWAYS.

Even to the witness who is the greatest enemy of your case.

Especially to that person.

Anger,
disdain,
and answering back,
are
always,
always
dangerous.

Disdain makes you look arrogant and so you lose respect.

Anger makes you look as if you are losing.

Answering back makes it seem you are too involved in your case.

Try to envisage you are above the fray, while keeping a measure of
common sense.

Some advocates can play the disdainful card well. But they are very
experienced. If you play it badly, you will usually lose the case. So in
the early years, don’t do it.

***

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The Overall Advocate 261

The overall advocate has judgement.

And

poise,
eye contact,
common sense,
good relations with the opposition,
good questioning technique,
and a great closing speech,
which has been written long before the trial begins.

And he is a credit to the profession if he is polite and he makes the
tribunal really, really think about his case.

Above all, in everything he does in court, whether it is

addressing the judge,
questioning a witness
addressing a jury,

he seeks that rare quality of irresistibility,
which makes him look almost invisible,
as if the case solved itself.

He is not a gladiator.

He remains himself and does not try to be someone he is not.

This sort of advocate will very often win.

Will this be you?

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