A trial is a duel in which one side attacks and the other defends. One has to defend oneself in both civil and criminal proceedings, and one of the main tactical maneuvers is a strong speech delivered in a debate. For such a speech to be convincing and effective, you need to prepare for it from the very beginning of the trial, abandoning frivolous improvisation in favor of careful study.
Instructions
Step 1
Make notes at the stage of familiarization with the case materials: what to mention, what circumstances to pay special attention to the court. Thus, having studied the documents available in the case, you will have a basis for the theses of your speech.
Step 2
Write the text of your speech. If you find it difficult to do this before the start of the court hearing, make at least a detailed outline of the defense speech or synopsis.
Step 3
Continue to work on your defense speech during the examination of the evidence by the court: supplement your speech, make the necessary changes to it. In the course of the trial, flaws made by the plaintiff (in a civil trial) or a public prosecutor (in a criminal trial) in the collection or execution of evidence will be revealed. Include references to them in your defensive speech.
Step 4
Make sure that the speech reflects: - A clear position on the case. It cannot be said that "the client did not commit the theft, but if the court recognizes that he did, then the punishment should be mitigated, since he has young children dependent on him." This is often the sin of novice lawyers. In this case, it is necessary to choose only one option: either the client did not participate in the theft, or he participated, but he has extenuating circumstances. Lack of a clear position is the first step to losing the case. - Facts that you consider it necessary to draw the attention of the court. - An indication of the evidence supporting these facts. - Evaluation of evidence relied on by the opposite side. - Your vision of a fair court decision in the case, for example: “Based on the above, I ask the court to refuse the plaintiff to satisfy the claim” or “I ask the court to declare my client innocent”.
Step 5
Evaluate your speech for compliance with such criteria as: - completeness of information; - intelligible presentation, persuasiveness; - conciseness, absence of unnecessary information cluttering the text.
