Preparing a Case - Re: A Practical Guide to Legal Presentations
Overview
This module presents the stages and processes involved in preparing for a hearing or a trial. The module will take the learner through the initial stages of learning the client's story, setting out the timelines and book of documents, all the way to preparing final submissions.
Learning Outcomes
At the end of this module the learner should understand how to:
- Document and layout the client's goals and objectives
- Correctly documents a clients timeline of events
- Identify the required documents to support the client's case
- Identify and document the legal issues faced by the client
- Document and layout the theory of the case
- Document and layout any legal tests, standards, or principles that will factor into an adjudicators analysis for making a decision
- Draft an analysis framework that will be used to filter the client's timeline of events
- Produce a written analysis of the client's legal position based on the above established legal analysis framework.
- Package the above materials in a presentation suitable for the adjudicative body where the hearing is to take place.
- Understand the protocols and methods required for effective oral advocacy (To Be Expanded).
Chapter One - Re: Understanding the Client's Goals
When clients approach a legal professional they do so with some kind of goal in mind. The client does not always know exactly what they want but in most cases, they do know what they don't want. Effective legal advocacy is best understood as being about to hear what a client is really saying even if they don't understand themselves what they really want.
Client Goals
When I first take on a client I always ask what I call the magic wand question, the question starts with me taking a pen in my hand and I say to my client's "...this pen is my magic wand, I am going to wave my magic wand and tap it on the desk, as soon as I tap it on my desk I want you to imagine that all your problems are solved,..... (I tap the desk).... describe what your world looks like, tell me what has changed....". The purpose of the question is to anchor the client with an objective goal or visions as to what the purpose of any potential litigation might look like.
Client goals must have a clearly defined objective with a measurable or observable outcome result, without those two components the litigation is doomed for failure. It is important that the objectives of the client are not necessarily the same as the legal professionals. In the first stage of preparing a case the legal professional must determine if the stated objectives of the client can be achieved using the legal system, or if the objective sought by the client can be reasonably enforced if legal relief is granted.
Clearly defining the client's objectives will help the legal professional set realistic expectations of what can be achieved through the legal system. A failure to define these objectives upfront could end in disaster for both the client and the legal professional.
