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GAZETTE

JULY/AUGUST 1988

Training in Advocacy

how it works

by

Dudley Potter, Sol ici tor

Joint Course Co-Ordinator

The third residential Advocacy

Course run as part of the Society's

Co n t i n u i ng Legal Educa t i onal

Programme will be held from the

23rd to 25 th September, 1 988, at

Bellinter House, Navan. Like the

first held in January, 1987, the

second course held in September,

1987, was enthusiastically received

by the participants whose number

increased to 33 from the 24 on the

first course.

The teaching team for the third

course will be:-

Former High Court Judge Herbert

McWilliam

Former District Justice Wm. A.

Tormey

Barry Donoghue

Robert J. Egar

Michael E. Hanahoe

John Hay

Garrett Sheehan and

Michael Stains, solicitors, while

Professor John Sonsteng of the

National Institute of Trial Advocacy

in the U.S. will be a guest con-

sultant.

The essential component of the

approach adopted are:-

LEARNING BY DOING

INDIVIDUALISED CRITIQUE

VIDEO REVIEW AND CRITIQUE

TEAM TEACHING

LEARNING BY OBSERVING

THE "BUILDING BLOCK"

APPROACH

There is little or no lecturing as

such. Each phase of the training

course is preceded by a five or, at

most, ten minutes introduction to

a video-taped demonstration of the

aspect or technique to be taught,

whether it be a bail application, a

plea in litigation, examination-in-

chief, cross-examination, sub-

mission or a complete case. For

most of their time participants are

engaged, in groups of twelve, in

c a r r y i ng out each of t hese

functions in role-playing situations

with three consultants contributing

to the diagnosis of their perfor-

mances and enhancement of their

skills. As each participant finishes

his role-play — which for most of

the course will last only a very f ew

minutes at a time — he is given an

objective critique of his perfor-

mance by the teaching team. In

that way every member of the

group present gets the benefit of

the critique w i th its component of

a demonstration by the consultant

of how to do it better. The effect

is one of rapid and manifest

improvement as the participants

have the opportunity for repeated

attempts at performance of the

different elements that constitute

the course. In the later stages the

different "building blocks" are put

t oge t her and the participants

conduct complete cases.

Throughout the course each

performance is recorded on video

by a trained cameraman and there

are several opportunities for each

participant to see himself in action

and to receive a private critique of

his performance by one of the

consultants. Most participants find

this feature particularly helpful and

indeed it is difficult for even the

most gifted critic to match the

impact of seeing oneself in action.

These sessions are also reinforced

in t hat pa r t i c i pan ts can see

themselves improving as the course

progresses.

The E f f e ct

A post-course review of how

things worked out in practice,

carried out after the September,

1987 course, brought responses

from two-thirds of the participants.

To a question " A re you performing

better in the District Cou r t" over

8 0% gave a confidential " Y e s "

and the balance "about the same".

In accompanying comment an

increase in confidence featured

most often. Examples include: " I

am not afraid to do District Court

w o r k " . " I feel confident about

tackling anything — I have the

basics now — it is just a question

of p r ac t i ce ".

A s k ed

wh e t h er

t he ir

performance in civil cases had

improved as a result of attending

the course almost all answered

positively. Comments included:

" I t could only improve as I never

had the courage to run a civil case

before the cou r se "; " A sense of

confidence and having a definite

plan of action to approach cases";

Yes — I have won my first full civil

case "; "Cr oss examination no

longer terrifies me " ; " M y skills in

court have increased and improved

eno rmous l y ".

It is now clear that the perceived

benefits of training in advocacy

transfer effectively to the actual

arena. Perhaps it is not surprising

that four out of five say they have

already recommended the course

to their colleagues.

These results will make pleasant

reading for the consultants pre-

paring for the next residential

course to be held in September and

should encourage practitioners not

to miss this training opportunity,

available only once annually.

Te c hno l ogy Comm i t t ee

News

The Technology Committee will

be known to you as the Committee

wh i ch in recent years has:

(a) brought to you an Annual

Exhibition to provide you w i th

the opportunity of seeing at

first hand the latest techno-

logical developments;

(b) provided you wi th a Hand Book

to assist you in the purchase of

your own Computer System;

(c) arranged for you, more recently,

the purchase of a FAX Machine

at £ 1 , 0 0 0 . 00 less than the

then current market price.

The Comm i t t ee unde r t a k es

many other projects on your behalf.

In recent times it attempted to

evolve a small project for the third

level Institutions in order to get

them thinking about technology in

the legal world and how it can

advance the solicitors office and

the State offices (Courts, Registry

of Deeds, etc.) that solicitors deal

with. We have regular contacts

w i t h these State offices, the

results of wh i ch will become

known to the profession when

c hanges c ome a b o u t. These

changes may be relatively small

and invaluable such as the change

in document presentation now

permitted in the Registry of Deeds

and Pr oba te O f f i c e s. Ot her

developments may have much

more profound significance such as

the discussions going on at present

w i th the Land Registry to assist

t hem in advancing themselves

t owa r ds full computerisation to

enable,

inter alia,

solicitors to get

direct on-line access to the Land

Registry in a similar fashion to that

p r e s en t ly

ava i l ab le

in

t he

Company's Office.

You will be hearing from us

shortly in relation to the offer of a

P.O. w i th Printer at, what we hope

will appear to you, an exceptionally

good price!

Fred Binchy.

183