Australian Advocacy Institute and the Queensland Law Society
Advanced Advocacy Skills for
Solicitor Advocates Workshop
ONLINE
22, 23, 25 November 2023
Thank you for joining this Advocacy Skills Workshop online.
The workshop will run in three parts:
Part 1 - Wednesday 22 November 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 - Thursday 23 November 2023 - 5.00pm* to 6.00pm
The discussion continues with techniques in questioning a witness and skills in communication in court.
Part 3 - Saturday 25 November 2023 - 8.45am* to 3.00pm
Participants break into small groups for a day of performance and review on a range of advocacy tasks.
ALL TIMES ARE BRISBANE (AEST) TIME
*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 Materials DOWNLOAD" tab below
and DOWNLOAD the timetable and materials provided.
Please click on the tabs below for full details:
Workshop 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.
Workshop Format:
The following “Timetable and Task Allocation” [TAB below] details the format for this workshop.
Here you will find a table that allocates a GROUP and Advocate NUMBER for each participant.
This workshop will be conducted ONLINE using a dedicated ZOOM platform (See further details below).
The workshop program commences with two Introductory Sessions (Wednesday and Thursday evening) where all participants come together online for a discussion on general skills in advocacy, with an emphasis on preparation, case theory, techniques in effective questioning in both evidence-in-chief and cross examination, and a session on persuasive communication in the courtroom.
On Saturday, Group Performance sessions have been scheduled through the day. You will break into smaller groups to individually present your allocated advocacy tasks before a Judge/trainer in the same manner that you would present in court. You will find your allocated advocacy tasks set out within each session of the timetable that follows.
Following each of your performances you will be given a review by the AAI trainer. 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.
The Workshop Case Studies:
Why are we using pleas and a case study?
We acknowledge that for some of you, the workshop case studies may not be from the jurisdiction you generally appear in. We use these case studies deliberately as they are very good for the teaching of advocacy, demonstrating skills that can be readily used in any jurisdiction. 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 three decades of advocacy instruction by the AAI.
Please note that performance tasks have been allocated for either the Prosecution or the Defence. This allows the workshop to reflect and present argument from both sides and demonstrates the universal nature of the advocacy skills being taught.
Please do not get bogged down in your preparation with any legal technicalities within the case studies.
Don’t research or bring statutes or precedents. 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 structure a case, how to prepare, how to ask purposive relevant questions, how to argue, and above all, how to be persuasive in court. We will not be concerned with jurisdictional procedure.
Preparation before the workshop:
This is a performance-based workshop.
You are required to prepare each of your set tasks between now and the commencement of the workshop. Allow yourself time to prepare properly – it is anticipated that you should allocate 6+ hours to this preparation. Please prepare in advance – do not wait until after the mid-week introductory sessions.
Please note that within the workshop group sessions, when each advocate is presenting his/her Cross Examination, another advocate in the group will be called upon to act as their witness. It is obvious that you will expect your witnesses to be prepared … so you must be too! 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 Course Materials document.
You have also been provided with a pdf copy of the “AAI Advocacy Manual”, which contains detailed chapters on each of the advocacy tasks you will be presenting. Unfortunately, copyright restrictions require this version to be ‘read only’ and thus cannot be printed. Use this Manual in your preparation and for future reference. You are able to purchase the hard copy version at the student price.
[visit www.advocacy.com.au].
Presenting your set tasks:
You will see in the timetable task allocations that a time limit has been set to present each task. Please prepare the whole of the task, even though the time allocation means you may not finish your presentation. Your review will be on that part of the task you present, not the parts you may not have reached.
Please note the format for sessions 4 & 7. Each advocate will first perform part (2 minutes) of their closing argument on the point or points on which they intend to cross-examine the witness, then immediately Cross-Examine (6 minutes) that witness to achieve the point/s on which that argument is based.
Online format and log-on instructions:
The workshop will be conducted using the ZOOM platform, with advocates required to log-on using their own computer link.
Complete log-on instruction and details for connecting to the workshop follow and can also be found on the Timetable.
The same log-on details will be used each day and advocates should remain logged-on for the full duration of each day’s sessions.The AAI Workshop coordinator is available to discuss any queries you may have with the workshop format or instructions … email aai@advocacy.com.au or call 0418 473 303.
2. The Workshop Remote Platform
This workshop will be held using the Zoom online platform.
Please see “The Workshop Remote Platform and a guide to connecting online” TAB below.
You will find your allocated advocacy tasks set out within each session of the timetable below.
The Workshop Materials:
All the case studies and materials for download can be found on the “Workshop Materials for download” tab below.
Online procedure for presenting your set tasks:
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.
On joining the workshop on Zoom, you will be admitted to the General Session Room.
All advocates should start each session in “Gallery View” with the moderator pinned large on-screen. Other advocates will show as thumbnail images.
1. Online procedure for Wednesday, Thursday and Saturday:
Log-on will be active 30 minutes before each day’s session commencement time…
4.30pm Wednesday & Thursday (for a 5pm start)
8.15am Saturday (for an 8.45am start)
You will be held in the General Session Room until the workshop starts.
In General Sessions, all advocates and AAI Trainers will be present on screen.
All advocates should:
- Have their microphone on MUTE.
- Have the Moderator or AAI Trainer presenting pinned (click on Trainer thumbnail image) large on screen.
- If you have a question, please use the Raise Hand facility – 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. 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 0418 473 303.
2. Remote procedure for all Workshop Group Sessions on Saturday:
- At workshop commencement you will already be in the General Session Room.
- The AAI Coordinator will move all advocates between Group and General sessions.
- All advocates have their microphone on MUTE.
- Please keep your camera turned ON with you visible on-screen.
- Stay in ‘Gallery View’ with the AAI Trainer pinned large.
- When it is your turn to present in Sessions 3 & 8 (i.e. with no witness), the AAI Trainer will request that you…
o Turn your microphone ON.
o Have the AAI Trainer pinned large on-screen.
o Keep your microphone on during the review that follows your performance.
o 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 Trainer will request that you…
o Turn your microphone ON.
o Have the nominated witness pinned large on-screen.
o At the end of your performance, have the AAI Trainer pinned large
on-screen. Keep your microphone ON during the review that follows your performance.
o Turn your microphone to MUTE following your review.
- If you have been asked to act as the witness for the advocate presenting …
o Turn your microphone ON.
o Have the advocate presenting pinned large on-screen.
o After the performance, have the AAI Trainer pinned large on-screen.
o Turn your microphone to MUTE during the participant review. (The AAI Trainer will give feedback 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 or you lose connection during the session, re-join with the original meeting ID and password. The AAI Coordinator will re-admit you. If you do not get a response, please text/call to 0418 473 303.
3. Remote procedure for between sessions and during breaks:
- The AAI coordinator will move you between general sessions and breakout group 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 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. 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/call to 0418 473 303.
2. Timetable and Material DOWNLOADS
Please download the following materials:
1. Workshop Timetable and Participant Task Allocations v2 2 <DOWNLOAD>
v2. Name Change only2. Case Study #1 - DPP v Zukov <DOWNLOAD>
3. Case Study #2 - DPP v Evelyn Canon Plea <DOWNLOAD>
4. Case Study #3 - DPP v Nigel Bland <DOWNLOAD>
5. AAI Workshop Materials 2023 <DOWNLOAD>
6. AAI Advocacy Manual [pdf copy] <DOWNLOAD>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).
You are welcome to contact the AAI [aai@advocacy.com.au or 0418 473 303] at any time in the week before the workshop to do a quick test of your connection.
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. 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 0418 473 303.
Part 1 - Wednesday 22 November 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 ADVOCATES ZOOM LOG-ON:
If you lose connection during the workshop:
An AAI Coordinator will be monitoring the workshop. 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 0418 473 303.
AAI Trainer for this session ...
Grant Brady SCDeputy Chair - Australian Advocacy InstituteBarrister - Sydney Bar Senior Trainer and Moderator, Australian Advocacy Institute at workshops across Australia and AAI workshops in Singapore, Hong Kong and at Monash University, Prato, Italy. Barrister since 2000Appointed Senior Counsel 2015Past Chair, ACT Law Society Criminal Law CommitteePast Member, National Criminal Law Liaison CommitteeInstructor NSW Bar Association Readers CourseAccredited Teacher, Australian Bar AssociationMember, Education Committee NSW Bar AssociationPart 2 - Thursday 23 November 2023
General Session - 5.00pm to 6.00pm.
ALL ADVOCATES ZOOM LOG-ON:
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.
If you do not get a response, please text to 0418 473 303.
AAI Trainer for this Session:
Felicity Hampel AM SCDeputy Chair - Australian Advocacy Institute Felicity Hampel AM SC is a retired judge of the County Court of Victoria and vice president of the Victorian Civil and Administrative Tribunal. She commenced practice as a barrister in 1981, was appointed Queen’s Counsel in 1996, converting to Senior Counsel in 2001. She was appointed to the County Court in 2005 and accepted a concurrent appointment as a Vice President of VCAT in 2010. She had served for over 18 years as a judicial officer by the time of her retirement in June 2023. She is a fellow of the Australian Academy of Law, Deputy Chair of the Board of the Australian Advocacy Institute and a Bencher of Inner Temple, UK. She was made a Member of the Order of Australia in the 2021 Queen’s Birthday honours for significant services to the judiciary, legal organisations and women. Felicity developed a national practice, predominantly in human rights, administrative and criminal law before her appointment to the County Court. In addition, she is a nationally and internationally renowned leader in the development and delivery of the teaching of advocacy skills. Past positions include part-time Commissioner of the Victorian Law Reform Commission, Adjunct Professor, Faculty of Law, Monash University, President of Liberty Victoria, Board Member of the Royal Women’s Hospital and of Trinity College, a member of the advisory boards of the Castan Centre for Human Rights and Institute of Legal Studies at the Australian Catholic University, a member of the Bill Kent Foundation Fund Advisory Board and trustee of the Alan Missen Trust. She was a founding member of Australian Women Lawyers and the Women Barristers Association, Vice-Chair of the Victorian Bar Readers Course Committee and a member of the Victorian Bar Equality before the Law Committee. Felicity is an honorary Life Member of the Australian Republican Movement, included in the Centenary of Federation “Women Shaping the Nation” Honour Roll and was awarded the Victorian Women lawyers achievement award in 2005. Part 3 - Saturday 25 November 2023
Advocacy Skills Performance and Review workshop.
8.45am to 3.00pm (Brisbane Time)
ALL PARTICIPANTS ZOOM LOG-ON:
PLEASE NOTE: In the Group Breakout Rooms, clicking 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 0418 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 0418 473 303.
ADVOCATE NUMBER and TASK ALLOCATIONS:
Your advocate number is used to determine which TASKS you will be performing in the TIMETABLE, downloaded from the tab above:
[V2 21.11.2023]
TIMETABLE:
DOWNLOAD the Timetable from the DOWNLOADS tab above.
Use your ADVOCATE NUMBER above to see which TASKS you will be performing.
AAI Trainers for this Saturday:
Sharyn Hall SC - Barrister, NSW BarAAI Board Member
Senior Trainer, AAIProfessional:
• 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
Sharyn 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 Trainer, AAI and NSW Bar Practice Course.
Saul Holt KC - Barrister, QLD BarAAI Board Member
Senior Trainer, AAISaul Holt KC took silk in 2012. He holds a Masters Degree with first class honours in Public Law. Saul was Chief Counsel at Victoria Legal Aid until 2013 and was a Victorian Law Reform Commissioner until 2014.
Saul appears regularly in all Australian courts including the High Court of Australia, the Federal Court, Courts of Appeal and Supreme Courts of the States and Territories. He has recent experience in all aspects of public law with a particular focus on regulatory, criminal, inquiry and environmental work. He has appeared in many complex criminal and regulatory cases for both prosecution and defence. He is a member of both the Queensland and New Zealand Bars.
His Hon. Judge Dean Morzone KC - District Court of QueenslandTrainer, Australian Advocacy Institute
Judge, District Court of Queensland (2014–)
Judge, Childrens Court of Queensland (2014–)
Judge, Planning and Environment Court (2015–)
Qualified Advocacy Trainer with AAI.
06/02
21/11/23