Advocacy

Abstract

The goal of advocacy is the creation of a strong argument for the client. The argument will depend upon a number of factors: the legal situation, the financial resources available for the case; the nature of available evidence; the arguments which can be mustered by the opposition; the court’s (and individual judge’s) general approach to similar cases. The creation of a client’s argument begins from the moment the client’s problem is expressed. Advocacy begins at this point, and is directed solely towards an acceptable result for the client. An acceptable result is not necessarily to be won in the court — dropping of criminal proceedings, negotiation towards a financial agreement, termination of a plaintiff’s action, are all potentially acceptable. Indeed, the best advocacy is that which gains a desired position without entering the courtroom, since entering the courtroom opens up a situation which is not under the control of the lawyer: the court is too fraught with potential traps to enter lightly. Few lawyers welcome running a case in court, when their advocacy abilities can achieve results which may be as good, or better, in more controllable ways.