Advocacy is the art of making persuasive oral or written argument, be that to a judge or jury, a public audience, a foreign diplomat or the President of the Republic. It requires a complex skill—set, from oratory and rhetoric to manipulating your audience's response while remaining ethical and moral. While outside of court we have little need for advocacy, when the day comes you need to be charming, convincing, and correct.
Negotiation is the skill of getting from a dispute the best possible result for you or your client. We negotiate every day of our lies, from who gets the remote to whether to end a relationship. Lawyers will find themselves treated most disfavourably by judges if they have not attempted negotiation before reaching court. More importantly, effective negotiation is substantially cheaper than legal proceedings. In the commercial world the vast majority of cases are settled « out of court ».
This course explores the fundamentals of winning. The first half will be based on the traditional training of a British Barrister, how to speak with confidence, how to adapt to difficult question and changing circumstances, and how to always look like the smartest person in the room. These skills are evidently useful in many different contexts.
The second half will focus on negotiation, and in particular a style known as « principled negotiation. » We shall be smashing any number of stereotypes – particularly the notion the loudest and most aggressive negotiator is likely to be the most effective – and developing a range of skills to help you deal with anything from attempting a plea bargain to telling a client that their partner is dead.
There will be no reading per se for this course, but there will be games and exercises for which your will be expected to prepare.