The document discusses advocacy skills needed for litigating practice and courtroom advocacy. It defines advocacy as pleading or arguing in favor of a cause, idea or policy. An advocate is anyone who speaks up for and defends the rights of themselves or others. Advocacy skills include communicating effectively, interviewing clients, drafting documents, negotiating settlements, facilitating early dispute resolution, and representing clients. The document emphasizes the importance of a win-win approach through reasonable inquiry, confidentiality, disclosure, and natural justice. It also discusses the role of arbitration and avoiding bias, fraud, misconduct, and corruption in arbitration agreements.

1. ADVOCACY SKILLS
IN
LITIGATING PRACTICE

2. TRAINING FOR COURT ROOM ADVOCACY

3. Presentation
by
Maj. Gen. Nilendra Kumar,
Director,
Amity Law School, Noida

4. OBJECT
The aim is to indicate the mechanics of law
students for advocacy in court room scenario.

5. What is advocacy, who is an advocate and what
skills does an advocate possess?

6. ADVOCACY
It is the act of pleading or arguing in favour of
something, such as a cause, idea or policy.

7. An Advocate
Any person who speaks up for and defends the
right of him or herself, or of another person.

8. ADVOCACY
Refers to the efforts of an individual or group to
effectively communicate, convey or negotiate.

9. ADVOCACY SKILLS
 Communicate effectively
 Interviewing clients
 Drafting capability
 Negotiating settlement and agreements
 Facilitating early resolution of dispute
 Representing a client

10. If you are in a dispute with someone, it would be
beneficial to approach it in such a way that there
will be no loser. In other words, a win-win situation
for all parties.

11. It means that the other side needs to see the
effects of not compromising.

12. For this, the counsel has to ensure
 Reasonable inquiry
 Confidentiality
 Disclosure
 Natural Justice

13. HOW TO DO IT?
The most effective strategy is to agree in principle
with what is being said but to present a slightly
different perspective or spin on it so that it goes
in your favour.

14. In India, during the process of ADR, the extent of
judicial intervention is limited.

15. Hence, the advocates for the parties to the
dispute have a limited area/scope to
manoeuvre.

16. Judicial intervention in proceedings and awards
of arbitral tribunals reduces the efficacy of this
ADR mechanism. However, such intervention
cannot be wished away.

17. The binding nature of award does not mean that
the courts do not have a role to play in arbitral
proceedings. Courts often assist or interfere
according to the boundaries of the law.

18. Hence, there is a need for the law students to be
duly
sensitized in arbitration law.

19. In the framing of an arbitration agreement:
Avoid engaging in:
 Bias
 Fraud
 Misconduct
 Corruption

20. Use of video as a Teaching Aid
Videotaped demonstrations showing aspects of
a focused role play. These taped vignettes
stimulate discussion on the points depicted.

21. CONCLUSION
In 1891, Sir Pherozeshah Mehta had the following
words of advice for MK Gandhi, “Rest assured that
it doesn’t take extraordinary skill to be an ordinary
lawyer. Common honesty and industry are enough
to enable him to earn a living…… A vakil should
know human nature. He should be able to read a
man’s character from his face.”