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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

A company secretary is preparing to argue a matter involving an adverse precedent that the opposing counsel is likely to cite. Which approach reflects the best advocacy skill?

The best approach is to anticipate the adverse precedent, study it carefully and prepare to distinguish it on its facts or legal reasoning. Preparation and assisting the forum are core advocacy skills, unlike silence, personal attacks or passivity.

  1. AAnticipate the precedent, study it, and prepare to distinguish it on facts or lawCorrect
  2. BOmit any mention of it and hope the opposing counsel does not cite it
  3. CCite only the favourable precedents and attack the opposing counsel personally
  4. DRely entirely on the bench to identify the correct law

Explanation

Thorough preparation includes anticipating the other side's authorities and preparing to distinguish them on facts or law. Silence leaves the advocate unprepared if the case is cited, and personal attacks are improper. Leaving the law to the bench abandons the advocate's duty to assist the forum.

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