Ideally there should be no surprises in trial advocacy. The starting point for ensuring effective performance in the courtroom is a thorough understanding of the case materials. This comes from a detailed case analysis.
Case analysis can be approached in different ways, some yielding better results than others. The key steps all case analysis will have in common are:
First, reviewing case documentation. In international cases with large amounts of evidence and information stored in different systems, this can be challenging, thus a structured approach is imperative.
Second, developing the theory of the case and streamlining it into a manageable number of arguments.
Third, developing a strategy (for investigation, pre-trial proceedings or trial). Different techniques are employed by the best advocates in this regard to help focus the mind.
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