TECHNIQUES OF ADVOCACY AND ARGUMENTS (Part-II)

(Shah Nawaz Bokhari, Rawalpindi)

Techniques of Advocacy and Arguments

The following argument techniques should adhere to by young lawyers while appears in courts which are as under:
i. Index is the most important part of your petition which guides you on how to explain in a court
ii. Brief according to facts. If the date of facts is essential to elaborate in sequence wise.
iii. Question of maintainability of petition brings in mind how would you explain?
iv. Read the portion of the petition or relevant paragraph
v. Last Impugned order of the lower court and read specific portion if asked by a judge.
vi. You should prepare yourself according to impugned orders or relevant portions of judgment/order which are slightly in favor of your clients.
vii. Provide relevant citation or precedent
viii. If an appeal is not filed in the relevant case in any forum that how would you explain it in courts?
ix. If new questions arise in arguments that are not raised in your previous petitions as well petition in hand should elaborate in detail.
x. Quote citation if available if any illegality in previous petitions is not rising your arguments. You should remove it before submitting of appeal.
xi. The High Court’s practice is very tough and acquires enough knowledge to brief competitively.
xii. If any reference e.g.; Exhibit or marginal witness should brief the court. If any exhibit is available should brief the court.
xiii. Any notification which is relevant to support your case may provide at the time of arguments.
xiv. If any case involves inheritance then the date and year should write down on the first page or a separate copy of the Index and facts should arrange sequence-wise.
xv. Those who have started their practice from the high court can perform easily anywhere in Pakistan.

shah Nawaz Bokhari
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