Australian Advocacy Institute and the Queensland Law Society
Advanced Advocacy Skills
for Solicitor Advocates
ONLINE
14, 17 June 2023
Thank you for joining this Advocacy Skills Workshop online.
The workshop will run in two parts:
Part 1 - Wednesday 14 June 2023 - 5.00pm* to 6.30pm
Participants join senior AAI advocacy instructors on-line in an interactive discussion covering a general
introduction to advocacy, how to develop an effective case theory and how to bring that to a persuasive argument.
Part 2 - Saturday 17 June 2023 - 8.45am* to 3.45pm
Participants break into small groups for a day of performance and review on a range of advocacy tasks.
*Online log-on opens 30 mins earlier.
To ALL participants:
You have been set a range of advocacy tasks which you will need to prepare BEFORE the Saturday workshop.
These tasks are set out in the Workshop Timetable.
Please read the information in the "Workshop Information and Materials DOWNLOADS" (Tab 1.) below
and DOWNLOAD the timetable and materials provided.
Please click on the tabs below for full details:
1. Workshop Information and Materials DOWNLOADS - workshop timetable, participant tasks and materials.
Click on the tabs below for full details
1. Introduction and guide to preparation - Important information for you.
1. Introduction to the workshop
Please read the information below immediately and thoroughly as it is important to your preparation and contribution to learning at the workshop.
The AAI is pleased to be able to provide this advocacy workshop for you and we are sure that you will find this course helpful in improving your advocacy skills.
The following “Timetable and Task Allocation” details the format for this workshop. At the start of the Timetable you will find a table that allocates a GROUP and PARTICIPANT NUMBER for each participant.
On Saturday, Group Performance Sessions and Technique Sessions have been scheduled through the day. In the Group Sessions, you will break into smaller groups to individually present your allocated advocacy tasks before a Judge/Instructor in the same manner that you would present in court.
You will find your allocated advocacy tasks (see notes below on preparation) set out within each session of the timetable.
Once you have finished each performance you will be given a review by the instructor. This review is designed to be positive, not critical. You will be given advice on ways that your individual performance can be improved using various advocacy skills, including a demonstration and explanation of the particular skills relevant to your performance.
2. Preparation before the workshop
This is a performance-based workshop. NO preparation time is included on the workshop day.
Advance preparation is essential. You are required to prepare each of your set tasks between now and the commencement of the workshop. Please allow yourself time to prepare properly – it is anticipated that you should allocate 5+ hours for this preparation.
Please also note that in the workshop group sessions, participants will be called upon to act as the witness when other participants are presenting their tasks in Evidence in Chief and Cross Examination. A thorough knowledge and understanding of the facts of each case study will help both you and your colleagues get the most out of the workshop.
If you are not totally familiar with the requirements of any particular advocacy task, you may find it helpful to refer to the “Specific Advocacy Tasks” summary at the end of the AAI Workshop and Skills Guide 2023 document (download Tab below). Also included with the material downloads is a PDF version of the AAI Advocacy Manual which contains detailed chapters on each of the advocacy tasks you will be presenting. Use this Manual in your preparation and for future reference. (Note that copyright prevents this being a printable version.)
Presenting your set tasks:
Please prepare as if you were to present the whole of the task, even though you will see that a time limit of 4-5 minutes has been set for each task performance. The time allocation means you may not be able to present all the task and you are not expected to be able to finish your performance. Do not rush and try and fit it all into the allocated time. Your review will be on that part of the task you present, not the parts you may not have reached.
3. The Workshop Case Study
We acknowledge that for some of you the main case study, which is based on a criminal law example, may not be of the type of case you generally deal with. We use this deliberately as it is very good for the teaching of advocacy, demonstrating skills that can be applied across all jurisdictions. The advocacy skills you will learn will be of universal application – the same skills apply regardless of the type of case, the jurisdiction you appear in or the side you appear on. This has been proven in over two decades of advocacy instruction by the AAI.
Please don’t get bogged down in your preparation with any legal technicalities within the case studies. Don’t research statutes or precedents. We will not be concerned with jurisdictional procedure. Do not be distracted with “the law”. Evidence is restricted to only that contained within each case study so you do not need to look outside the immediate information provided. The purpose of this workshop is to help you with how to prepare, how to structure a case, how to ask purposive, relevant questions, how to argue, and above all, how to be persuasive in court.
4. The Workshop Remote Platform
This workshop will be held using the Zoom online platform. Please refer to the section “The Workshop Remote Platform and a guide to connecting online”, as well as "The Online Procedure for performing your set tasks" which can be found as Tabs below
2. Timetable and Material DOWNLOADS
Please download the following materials:
1. Workshop Timetable and Participant Task Allocations
2. Case Study 1 - DPP v Zukov
3. Case Study 2 - DPP v Cannon PLEA
4. Case Study 3 - DPP v Bland
5. AAI Workshop Materials 2023
6. AAI Advocacy Manual [pdf copy]
3. The Workshop Remote Platform and a guide to connecting online
1. This workshop will be held remotely using the ZOOM platform.
If you are not already a Zoom user and wish to load the Zoom program beforehand:
You do not have to be a registered member of Zoom to use this platform... you can download the free program at www.zoom.us
or ... from your web-browser, go to www.zoom.us and click on the top menu link for "JOIN A MEETING"
2. A short guide to on-line etiquette
To avoid any issues with latency such as screen freezing and poor audio quality, ensure your device has a suitable internet connection.
This cannot be overstated – remember, you cannot advocate if you cannot be heard or seen.
Be mindful that sensitive microphones will pick up sounds of keyboard tapping, paper shuffling, sneezing and coughing.
Mute the microphone when not speaking to avoid distracting other participants.
Reduce environmental (background) noises – close windows and doors and mute your phone.
For best results, consider investing in a headset with a microphone instead of the inbuilt microphone and speakers in your device (this will help reduce background noise and unnecessary feedback).
It is not necessary to shout; however, speaking softly and mumbling should also be avoided – speak in your normal voice.
DO NOT TALK OVER OR INTERRUPT WHEN ANOTHER PARTICIPANT IS SPEAKING.
Instead, use the “raise your hand” feature when you want to speak. This will avoid participants speaking over one another and the need to repeat questions.
Position your camera so it sits at eye level and in a way that feels natural and allows you to look directly at the camera when speaking.
If you are using a laptop, simply place a couple of books underneath so it is raised to eye level ... your presence and eye-contact will be improved enormously.
Adjust the lighting - close your blinds to reduce glare and doors to reduce noise.
Ensure you have a clean neutral background – consider applying one of the offered virtual backgrounds.
3. Test your technology
Test your technology and layout ahead of time (viewing, speaking and hearing).
To help participants check their technology is working correctly, the workshop will open 30 minutes before the start-time. This will ensure everything runs smoothly during the workshop. You will be in the in the general session room until the workshop starts at the scheduled time.
4. If you lose connection during the workshop
An AAI Coordinator will be monitoring the workshop constantly. If for any reason you drop-out of the workshop, re-join with the original meeting ID and password and the AAI Coordinator will readmit you to the workshop and/or breakout room.
If you do not get a response, please text to 0408 473 303.
4. The Online Procedure for performing your set tasks
Participants need only log-in to the workshop once, at the start of each day's session. The AAI coordinator will move participants between general sessions and group breakout rooms.
On being admitted to the workshop, all participants will be in together in the General Session.
The Wednesday sessions are in this General Session room. Saturday sessions are in General and Group Breakout rooms.
All participants should start each session in “Gallery View” with the moderator pinned large on-screen.
Other participants will show as thumbnail images.In Zoom settings, accessed by clicking the camera menu at bottom left of screen, please ensure that in "Video" option, then “Meetings”,
“Always display participant name” is checked.
1. Remote procedure for all General Sessions, Wednesday and Saturday:
In the General Sessions, all participants and AAI Instructors will be present on screen (Gallery View).
All participants should:
- Have their microphone on MUTE.
- Have the Moderator or AAI Instructor presenting pinned (click on Instructor thumbnail image) large on screen.
- If you have a question, please use the Raise Hand facility (button in the 'Participants' menu) – you may not get an immediate answer but
your question will be answered at some point in the workshop.
- Please keep your camera turned ON with you on-screen.
An AAI Coordinator will be monitoring the workshop constantly. If you lose connection during the session, re-join with the original meeting ID and password. The AAI Coordinator will readmit you. If you do not get a response, please text to 0408 473 303.
2. Remote procedure for all Workshop Group Sessions on Saturday:
- The AAI Coordinator will move all participants between Breakout Group and General sessions.
- All participants have their microphone on MUTE.
- Please keep your camera turned ON with YOU VISIBLE ON-SCREEN.
- Stay in ‘Gallery View’ with the AAI Instructor pinned large.
- When it is your turn to present in Sessions 3 & 8 (i.e. with no witness), the AAI Instructor will request that you…
- Turn your microphone ON.
- Have the AAI Instructor pinned large on-screen.
- Keep your microphone on during the review that follows your performance.
- Turn your microphone to MUTE following your review.
- When it is your turn to present in Sessions 4 & 7 (i.e. with a witness), the AAI Instructor will request that you…
- Turn your microphone ON.
- Have the nominated witness pinned large on-screen.
- At the end of your performance, have the AAI Instructor pinned large on-screen. Keep your microphone ON during the review that follows your performance.
- Turn your microphone to MUTE following your review.
- If you have been asked by the AAI Instructor to act as the witness for the presenter…
- Turn your microphone ON.
- Have the participant presenting pinned large on-screen.
- At the end of your performance, have the AAI Instructor pinned large on-screen.
- Turn your microphone to MUTE during the review that follows the performance.
(The AAI Instructor will demonstrate using the presenter as the witness, not you.)
If you have a question, please use the Raise Hand facility – you may not get an immediate answer but your question will be answered between reviews or at some point later in the workshop.
Do not use the Zoom “LEAVE” option at bottom right of screen as it will disconnect you from the entire workshop. If this happens, you must log back into the workshop using the manual log-on with the original meeting ID and password. The AAI Coordinator will see your request to re-join and admit you, but if you do not get a response please text the AAI Coordinator on 0408 473 303.
If you lose connection during the session, re-join with the original meeting ID and password. The AAI Coordinator will admit you. If you do not get a response, please text to 0408 473 303.
3. Remote procedure for between sessions and during breaks:
- The AAI Coordinator will move you between general sessions and breakout rooms.
- You will receive an on-screen notification when being moved.
- Stay connected to the workshop during the lunch break.
- You do not need to have your camera on during the break but you must come back to live camera with you on-screen for the next session.
THIS IS A REQUIREMENT OF QUALIFYING FOR CPD POINTS
4. If you lose connection during the workshop:
- An AAI Coordinator will be monitoring the workshop constantly. If for any reason you drop-out of the workshop, re-join with the original meeting ID and password and the coordinator will readmit you to the workshop and/or breakout room.
- If you do not get a response, please text to 0408 473 303.
2. Part 1 - Wednesday 14 June 2023
General Session - 5.00pm to 6.30pm.
Today's session is an on-line interactive discussion covering a general introduction to advocacy, how to develop an effective case theory and how to bring that to a persuasive argument.
ALL PARTICIPANTS ZOOM LOG-ON:
Topic: AAI-QLS Zoom Workshop
To automatically join Zoom Meeting - Click on this link ...
https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09
(Password = Advocacy)
If you lose connection during the workshop:
An AAI Coordinator will be monitoring the workshop constantly. If for any reason you drop-out of the workshop, re-join with the original meeting ID and password and the Coordinator will readmit you to the workshop.
If you do not get a response, please text to 0408 473 303.
AAI Instructor for this session ...
Grant Brady SCDeputy Chair - Australian Advocacy InstituteBarrister - Sydney Bar Senior Instructor and Moderator, Australian Advocacy Institute Professional: Association Advocacy Training Council and the International Advocacy Training Council.• Training coaches in Advocacy in Australia, England, Singapore, Hong Kong, South Africa and India.3. Part 2 - Saturday 17 June 2023
Advocacy Skills Performance and Review workshop.
8.45am to 3.45pm
ALL PARTICIPANTS ZOOM LOG-ON:
Topic: AAI-QLS Zoom Workshop
To automatically join Zoom Meeting - Click on this link ...
https://us02web.zoom.us/j/2716263497?pwd=cjZmOXRXOUp0dUVpaTdaWEM2TEwyQT09
(Password = Advocacy)
PLEASE NOTE: In the Group Breakout Rooms, the option of leaving that room will disconnect you from the entire workshop. You will then need to log back into the workshop using the log-on above. The AAI Coordinator will see your request to rejoin and admit you, but if you do not get a response please text the AAI Coordinator on 0408 473 303.
If you lose your connection at any time, the meeting can be re-joined using the log-on above. The AAI Coordinator will see your request to rejoin and admit you, but if you do not get a response please text the AAI Coordinator on 0408 473 303.
PARTICIPANT NUMBER and TASK ALLOCATIONS:
Your participant number is used to determine which TASKS you will be performing in the TIMETABLE, downloaded from the tab above:
[V1 - 05/06/2023]
TIMETABLE:
DOWNLOAD the Timetable from the DOWNLOADS tab above.
Use your PARTICIPANT NUMBER above to see which TASKS you will be performing.
AAI Instructors for this workshop:
Ian Robertson SC - Barrister S.A. BarBoard Member, Australian Advocacy Institute
Senior Instructor and Moderator
Professional:
• Bachelor of Laws, University of Adelaide, 1979
• Admitted as Barrister and Solicitor, 1986
• 1986-94 Solicitor, then Associate, then Partner, Piper Alderman, Adelaide
• Admitted to Bar, 1994
• Master of Laws, University of Adelaide, 1996
• Appointed Senior Counsel, 2008
Other:
• 1990-91 Law Council of Law Society of S.A.
• 1990-95 Civil Litigation Committee of the Law Society of South Australia
• 1991 District Court Rules Committee as the representative of the Law Society of S.A.
• 1991 Law Society of S.A. committee to re-structure the court system in S.A.
• 1995-2001 Member, then Chair of Mock Trial Committee of the Law Society
• 1996-present Executive of the South Australian Bar Association
• 1998-2004 Acting, then Honourary Secretary of the SABA
• 1998-2000 SABA nominee to Supreme Court Re-development Steering Committee
• Member of the Professional Development Advisory Committee of the Law Society of S.A.
• 1999-2000 Ad hoc Rules Advisory Committee
• 2000-present Executive Member of the SABA Reader’s Course Co-ordination Committee
• 2008-present Member of Advocacy Training Council of the Australian Bar Association
• 2016-present Chair of Advocacy Training Council of the Australian Bar Association
Sharyn Hall SC - Barrister, NSW BarSenior Instructor, AAI
Professional:
• 1999 – Admitted to practice as solicitor, NSW
• Solicitor, Western Aboriginal Legal Service
• Solicitor, Legal Aid NSW
• 2007 – Admitted as barrister, NSW
• 2008 – Registered practitioner, High Court of Australia
• 2021 – Appointed Senior Counsel
Regularly appears in the Supreme Court to defend applications for continuing detention and extended supervision orders.
Appeared at the Royal Commission into Institutional Responses to Child Sexual Abuse. Appearances in ICAC.
Senior Advocacy Instructor, AAI and NSW Bar Practice Course.
Her Hon. Judge Kara Shead SCNew South Wales District Court
Senior Instructor - AAI
2019: Appointed to the bench of the NSW District Court
2016: Deputy Director of Public Prosecutions
2016: Appointed Senior Counsel
2014: Appointed as a Deputy Senior Public Defender.
2005: Crown Prosecutor
1996 – 2005: Solicitor for the Office of the Director of Public Prosecutions, appearing as a Trial Advocate.
Past Member of the Bar Council, the Criminal Law Committee and a Professional Conduct Committee of the Bar Association of New South Wales.
Qualified Advocacy Instructor with AAI.
His Hon. Judge Dean Morzone KCQueensland District Court
Instructor, Australian Advocacy Institute
Judge, District Court of Queensland (2014–)
Judge, Childrens Court of Queensland (2014–)
Judge, Planning and Environment Court (2015–)
Qualified Advocacy Instructor with AAI.
06/06/23..