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Term Paper (Moot Cases and Professional Ethics)

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TERM PAPER

(MOOT CASES AND PROFESSIONAL ETHICS)

WRITTEN SUBMISSION

Research Topic

Articulated Communication Skills are Crucial for Effective Legal Advocacy.

SUBMITTED TO: MA’AM HINA QAYYUM

SUBMITTED BY: MAHNOOR PARACHA

(2016-LLB-007)

WORD COUNT= 1,489

DATED: 13-November-2020

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TABLE OF CONTENTS

INTRODUCTION…………………………………………………………………..2
1. ADVOCACY………………………………………………………………….2
2. DEFINITION OF COMMUNICATION……………………………………………3
3. WHAT IS AN ARTICULATED COMMUNICATION?..........................................3
4. N EED F OR C OMMUNICATION….……………………………………………..3
5. HOW A CAMPAIGN SHOULD RUN?............................................................4
5.1. DEFINING THE PROBLEM………………………………………………………5

5.2. UNDERSTANDING THE PROBLEM…………………………………………….5

5.3. DEFINING AN OBJECTIVE OF THE CAMPAIGN……………………………5

6. COMMUNICATION SKILLS FOR LAWYERS………………………………5


6.1. COMMUNICATION MADE VERBALLY…………………………………..…...6
6.2. ABILITY OF LISTENING…………………………………………………………6
6.3. GOOD GUIDANCE…………………………………………………………………6
6.4. DIRECTNESS………………………………………………………………………..6

6.5. COMMUNICATE CURIOSITY……………………………………………………6


6.6. CONVINCING COMMUNICATION………………………………………7

CONCLUSION……………………………………………………………….7

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INTRODUCTION:

Several different classes in a democratic society may have conflicting interests. To fulfill your
vision, you need to make your voice is known to get your perspective across. The best strategies
to assure that the society in which you work is better represented by your CBO organization are
campaigning, lobbying, and networking. These instruments are already used quite effectively by
many CBOs, but challenges often arise as CBOs work on their instincts.

1. ADVOCACY:

Advocacy discusses in court how to win lawsuits, focusing on effective advocates' tactics and
processes. From the striking beginning to the experience of human affairs, all the values of
activism are explained. He benefits from his many years of local and foreign experience through
writing in plain, straightforward words, as he explains:

 How to keep the interest of a judge.


 How to make a witness start and end.
 How to cross-examine all sorts of persons, from hypocrites to specialists, how to respond
to issues.
 How to approach a judge.
 How to stick to norms and act ethically.
 How to win cases of uncertainty.

For both emerging and professional lawyers, for anybody interested in knowing how the best
lawyers work and how they win their trials, advocacy is significant.

When everybody clearly understands the dilemma, you need to come up with a solution to the
question. For that approach, you will require good help and you will need a platform to ensure
you have done right.1

1
ADVOCACY AND COMMUNICATION HANDBOOK SERIES FOR COMMUNITY-BASED ORGANISATIONS.

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Pick an Issue

Find a way out

Set up support

Solution Implementing Strategy

2. DEFINITION OF COMMUNICATION:

Communication relates to the exchanging of ideas and opinions to distribute knowledge. It is


possible to describe communication as the exchange of ideas, knowledge, and intellect2.

3. WHAT IS AN ARTICULATED COMMUNICATION?

Articulation (pronunciation and speaking) is the tendency to actively move the mouth, lips, teeth
and jaw to create language patterns sound that makes up words and phrases3.

4. N EED F OR C OMMUNICATION:
Communication helps to develop good leadership, management skills, strategies, and a strong
working culture.

An advocacy campaign cannot run without strong communication. Many campaigns also fail
because the communication was not explicit or did not hit the person which it was meant to be.
You have to make sure to express your message, you use the proper form.

2
SKILLS YOU NEED (HELPING YOU DEVELOP LIFE SKILLS).
3
GET TO THE POINT - HOW TO BE AN ARTICULATE COMMUNICATOR.

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Communication means discussing with other individuals an idea or principle. This may mean the
interaction between two individuals, or between entities, or between one entity and several individuals.
You will need to decide your purpose for communication.

Might the options be?

 For providing information.


 For convincing.
 To empower
 To seduce people to act

Communication is not about what one person wishes to say to another in the process of effective
communication. The communication process includes seven steps, which are:

1. Share the ideas which you have developed.


2. Give your idea a suitable description.
3. Share the thought by using appropriate method to the other person.
4. The recipient should understand/get the thought you shared.
5. With luck, the recipient gets the exact message as transmitted by the sender.
6. The message shall be accepted by the receiver.
7. The receiver may use it or reject to act upon the sent information.

Following questions shall be asked to yourself for ensuring whether the communication is
victorious and tactical or not:

1. Who is required to be reached?


2. Whether an analysis of the audience is conducted or not?
3. What strategies are to be used to deliver the message to the audience?
4. Whether the message delivered is appropriate or not?
5. Which channels of communication would be most appropriate?
6. How to monitor and evaluate the communication process?4

4
ADVOCACY AND COMMUNICATION HANDBOOK SERIES FOR COMMUNITY-BASED ORGANISATIONS.

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5. HOW A CAMPAIGN SHOULD RUN?

A prearranged procedure shall be followed to start a campaign and make it successful. A


campaign should cover all information regarding “advocacy, lobbying, and communication”. To
make a successful campaign, below are the points which shall be followed.

5.1. DEFINING THE PROBLEM:

Studies have found that there are more efficient single issue strategies instead of trying  


too many problems at once. Tackling crime in general will not be efficient because the probl
em is so severe.

5.2. UNDERSTANDING THE PROBLEM:

For a thorough finding of an issue, your analysis will focus on the topic that your campaign
chooses to discuss. Key facets of the campaign will be focused on tackling the issue more
effectively.

Research can be used to:

1. Influence the amendments that may be applied to the strategy.


2. Help in choosing an advocacy objective.
3. Affect instantly the decision makers.
4. Inform the newspapers, the community, or other entities – they may even affect
decision-makers.
5. Help you to figure out what counter-arguments you could face during the campaign.

6. Changing the views which people may have with the question or topic you are trying to
tackle.

7. Challenging of belief and expectations.


8. Reconsider the failed strategies of the campaign.5

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ADVOCACY AND COMMUNICATION HANDBOOK SERIES FOR COMMUNITY-BASED ORGANISATIONS.

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5.3. DEFINING AN OBJECTIVE OF THE CAMPAIGN:

An objective the campaign should be defined more appropriately. The objective should be
understanding and clear and should be without any ambiguity.

6. COMMUNICATION SKILLS FOR LAWYERS:

Outstanding communication skill is one of the major features of a competent lawyer.

Self-assured communication when presenting opening remarks, discussing mergers and


acquisitions, or sharing your point of view to partners and customers would ensure that you are
more influential, positive, and responsive.

It is necessary for lawyers to be verbally articulate, but is more than just speaking fluently. For
becoming a good communicator you need to learn how to listen, to appear transparent and
genuine, and to demonstrate an interest in the views and beliefs of others.

Below are the steps for improving communication skills:

6.1. COMMUNICATION MADE VERBALLY:

Discussions are often more effective if they are done orally and appropriate speaking and
listening the discussion fairly, and parties on both sides knows that there viewpoints are
observed. Try not to dominate the conversations if you’re a normal extrovert.

6.2. ABILITY OF LISTENING:

Communication is a two-way street, so the main communication ability is to know when to stop
communicating and start listening. Advocates are generally clever, often predicting what is
probable to be spoken next. Polish your listening skills by preventing interference while others
are speaking.

6.3. GOOD GUIDANCE:

When your communication and listening abilities have improved, you should find that more
people are seeking you for conversation, guidance, and suggestions. But do not be nervous about

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giving advice, particularly to people who want you to take any action on their behest, they will
value your opinions and ask for straightforward, to the point solutions to problems.

6.4. DIRECTNESS:

Do not get trapped by a knowledgeable advocate to whom everything is known but sees little. Be
careful, and wait for the complete results to be given before the findings are recommended.
Remaining available to employers, friends, and acquaintances often provides an opportunity to
explore new prospects.

6.5. COMMUNICATE CURIOSITY:

Asking clear questions deepens the awareness and comprehension of the problems. Ask
brainstorming questions like what do you think about it or what could be the explanation behind
it?

6.6. CONVINCING COMMUNICATION:

Learning to communicate for a straightforward, calm intention demonstrates confidence and


facilitates convincing influences. Don't let your feelings control your conversational abilities.

Practicing these techniques regularly, so that they become incredibly easy in time would help
you to learn the skill of communicating effectively. Attorneys are obliged to be convincing. It is
an effective ability to argue a case in court, discuss negotiations in executive offices, and make
plans. Curiosity and transparency are going to lend you a convincing edge.6

CONCLUSION:

Advocacy discusses in court how to win lawsuits, focusing on effective advocates' tactics and
processes. For emerging and professional lawyers, advocacy is significant for knowing how the
best lawyers work and how they win their trials. An advocacy campaign cannot run without
strong communication. Communication helps to develop good leadership, management skills,
strategies, and a strong working culture, he says..

6
CREATIVE WORD BY ASIF AFZAL DATED: 28-FEB-2018

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Studies have found that there are more efficient single issue strategies instead of trying too many
problems at once. Research can be used to influence the amendments that may be applied to the
strategy. Outstanding communication skill is one of the major features of a competent lawyer. It
is necessary for lawyers to be verbally articulate, but is more than just speaking fluently. For
becoming a good communicator you need to learn how to listen, to appear transparent and
genuine, and to demonstrate an interest in the views and beliefs of others.

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