Trial Techniques (Short Course)

When and where

Cape Town: 26-27 June 2019 | Duration: 8:30 – 16:00
Midrand: 22-23 July 2019 | Duration: 8:30 – 16:00

Venue: To be advised after registration

Fees (VAT inclusive)

  • Staff from a practising legal practitioner’s firm: R3 400
  • Non-practising legal practitioners/others: R4 900

About this course

This intensive two-day short course focusses on how to effectively
prepare for a trial, and how to manage facts in order
to present a case in a manner that is persuasive and ethical.
The course also highlights essential trial techniques.

Who should attend?

  • Corporate and government legal advisors
  • Practising legal practitioners (attorneys and advocates)
  • Candidate legal practitioners

Benefits of attending

There will be a practical module on the dos and don’ts of trial
technique. The purpose is to assist you to develop an effective
style, how do you appropriately address the court and
witnesses while on your feet, and how to come across as
persuasive. The course will also show you how not to annoy
the judge and your opponent. This course we also deal with
ethical court practice, what not to do and how to maintain
your credibility with the bench and your colleagues.

Presenter

Ismail Hussain SC is a former Judge of the High Court and Competition Appeal Court. He has been a highly popular LEAD trainer for many years. Mr Hussain SC is an expert in commercial drafting, opinion writing, and litigation and case management. He is also a published author.

Course content

Trial Preparation

  • Practical instruction on how to effectively prepare for a trial:
  • How to analyse the pleadings and work out the triable issues;
  • How to prepare for case conferences, including preā€trial conferences and conferences with a case managing judge;
  • What to do when you attend case conferences, including how to prepare for them;
  • Managing the documents and effective discovery;
  • How to select and manage witnesses, including how to take down a statement  and work out if a witness will be helpful;
  • How to carry out a proof analysis,
  • Managing experts, including compliance with the directives;
  • How to certify the matter as trial ready; and
  • Drafting your heads of argument – why do it now?
  •  

Managing the Facts

  • Practical instructions on how to manage facts in order to present your case in a manner that is persuasive:
  • How to obtain the relevant factual material;
  • How to carry out essential fact analysis;
  • How to sequence your facts;
  • Preparation and drafting of chronology documents;
  • What is your case concept and how to use this to plan your strategy;
  • How to carry out a proof analysis for your trial strategy;
  • How to prepare a witness analysis;

On Trial

  • Essential techniques in conducting the trial:
  • How to manage roll call effectively (this applies only to
  • Gauteng);
  • How to manage witnesses on day one of the trial;
  • Making an effective opening statement:
  • Planning an opening statement;
  • Content of an opening statement;
  • How to present chronology documents;
  • How to address a judge; and
  • Realising the purpose of an opening statement.
  • How to conduct an effective examination of your own witness in chief:
  • How to manage anxiety and making witnesses more relaxed and confident;
  • The essential technique in Leading a Witness in Chief ( there will be live demonstrations of this);
  • How to prepare an examination in chief (working out what you want from each witness);
  • How do you conduct yourself when leading a witness; The structure and content of the questions you ask;
  • What technique to use in order to hold the judge’s attention and make your  witness convincing and persuasive; and
  • What not to do.
  • The most effective method of Cross Examination:
  • Knowing when to cross examine;
  • How to prepare for cross examination;
  • Working out what you want from each witness and how to obtain it;
  • What is the correct and most effective method;
  • What is the structure and content of the questions;
  • The technique in ‘think of the answer and put the leading question’;
  • How to manage a witness under cross examination;
  • The method used in putting your client’s version to the witness under cross examination;
  • How you can improve your style and hold the judge’s attention;
  • What should you look like on your feet; and
  • What not to do (will be live demonstrations of the techniques);
  • When and why should you carry out re-examination:
  • How to work out when it is necessary to re-examine;
  • How to re-examine; and
  • What not to do.

The form takes a couple of seconds to download. Email the completed form with proof of payment to Bettie@LSSALEAD.org.za

EFT payment to accompany your registration.
LSSA BANKING DETAILS:
Law Society of South Africa
Acc no: 6200 9641 079
Bank: FNB Pretoria
Branch Code: 251445
Ref: WDL, Your name, surname and cell number
 
For more information 
For more information about this course, contact Bettie Lubbe at Bettie@LSSALEAD.org.za on tel: +27 (0)12 441 4670.

PLEASE TAKE NOTE

  1. Course registration will be confirmed only if proof of payment is attached to the form.
  2. Fees must be paid into the designated Law Society of South Africa (LSSA) bank account. The LSSA will not accept liability if any other bank account is used. i.e Law Society of Northern Provinces
  3. LEAD reserves the right to cancel a learning activity should the number of delegates not justify the costs involved. Registered delegates will be given reasonable notice of cancellation.
  4. Registrations close 5 working days prior to the course date.