P Ramantha Aiyar Advocate- His Mind and Art

The art of advocacy is really the art of persuasion. The advocate’s task is to persuade the judge or the jury, as the case may be, to accept the case of his client as presented by him. To achieve this purpose several things are necessary for the advocate : first and foremost a thorough knowledge of all the relevant facts; next an accurate and exhaustive knowledge of the law bearing on the question at issue. Without a basement made up of these two, no advocate can hope to construct a strong case for his client. The presentation of the case in the original court of trial consists in not merely the final address or argument but in adducing all the evidence which is likely to help the case. So far as oral evidence is concerned, the advocate has a dual role. He has to construct the case of his client from the positive evidence led by him; he has also to destroy the evidence led in by his opponent.

ADVOCATE–HIS MIND & ART
ARRANGEMENT OF SUBJECT
General Contents

PAGE
Arrangement of Subject
CHAPTER I
INTRODUCTORY
1. Justice is the great interest of man on earth 1
2. Masterful character of the Legal Profession 2
3. Not a popular profession. 3
4. Prejudice born out of Primitive Trait 4
5. Justice is only an ideal 5
6. Law is the reflection of society 8
7. We are the slaves of law so that we might be free 11
8. Need for lawyers in the vanguard of liberty 12
9. Portrait of a lawyer 14
10. Profession of Advocacy is most ancient 15
11. In Ancient Greece 15
12. In Ancient Rome 15
13. Advocacy in ancient Rome illustrated from the defence of Roscius by Cicero 16
14. Advocacy in ancient Greece illustrated from the dialogues of Socrates 20
15. In England 22
16. In Ancient and Modern France 25
17. Devotion to duty—Right conduct under difficult circum-stances 26
18. Need for reform in the forms of pleading and pre-trial 32
19. Pre-trial—its need and value 35
CHAPTER II
MASTERS IN THE ART OF ADVOCACY
1. Lawyers as leaders of the nation 44
2. Chief glory of the law is the scope for talent 45
3. Opportunity makes a lawyer famous 45
4. Lives of great men all remind us, we can make our lives sublime 45
5. A case seemingly lost may turn out to be splendid victory 49
6. A leaf from the life of a lawyer in Charleston 49
7. A foundation of future fortune 49
8. Eminent Advocates not always learned in the law 50
9. Advice to young lawyers 82
10. How to win your case 96
11. The art of winning cases 101
12. The honest lawyer 107
13. The five functions of the lawyer 119
CHAPTER III
THE TRAINING AND EQUIPMENT OF THE LAWYER
1. The training for success at the Bar 126
2. How Emmet used his experience in the Saddler’s case 127
3. Literature and science, the handmaid of law 129
4. Study of Law as a Science 130
5. The Lawyer’s opportunity 132
6. Poverty and riches as elements of success or failure 132
7. Thurlow’s opportunity 133
8. What secures success 136
9. Strain on mind and body 137
10. Wealth not necessary for success at the bar 138
11. Judge Donovan’s rules 138
12. Development of the art of written and oral expression. 140
13. Power of putting things in the proper way 142
14. First sentence is often most important sentence 143
15. Law of persuasion 143
16. Frankness dispels doubt 143
17. Attention to trifles 145
18. Illustration from the life of Mr. Tildon 145
19. Examination of witnesses 146
20. People who owed more to industry than to genius 148
21. Waiting for moods and success by accident is all stuff and nonsense 149
22. Devotion to duty 149
23. Pleasure in doing duty 150
CHAPTER IV
ADVOCACY AS AN ART
1. Art of the Advocate—Generally 152
2. Equipment of an Advocate 155
3. Oratory and Advocacy 189
4. Eloquence in Advocacy 191
5. Some Masters of Eloquence at the Bar 191
6. The commanding eloquence of Russel 193
7. Choice of words 196
8. Skill in the use of language 197
9. Examination of witnesses 197
10. The high art of persuasion 198
11. Advocacy—what is 236
12. No Royal Road to master the Art 246
13. No Knowledge is wasted in the Art 246
14. Reading widely on every branch of knowledge 247
15. Lawyer’s role in society 248
16. Humour 249
17. Romance in Law 250
18. Illustrations of the Art of Advocacy—Methods of the Masters 251
19. Russel—The Master cross-examiner 251
20. Peirce Oil Corporation Case—unfolding an unconsiderable bargain 267
21. Frank Gardner’s Case—A lesson in the collateral attack of a witness 275
22. Choate—the orator winning verdict before Judge and jury 278
23. The trial of Underwood or the triumph of perseverance 301
24. The trial of a pretended maniac—Counsel’s control of temper 307
25. Reynolds in the Insurance case or the logic facts 315
26. The trial of the Teacher or The Law of Self Defence 317
27. Exposing an exaggeration 321
28. A lesson in suspense and surprise 332
29. Tact in repelling an unjust defence 337
30. Tichborne Case or a False claim of heirship 339
31. A case of Commercial Correspondence—Leading the witness into the realms of the improbable 345
32. Showing the secret springs of human action 349
CHAPTER V
THE LAW IN ACTION—A STUDY OF THE PROCESS
1. Suspicion 354
2. Arrest of the suspect 355
3. Preliminary inquiry 357
4. Evidence at the preliminary inquiry 360
5. The Trial—Examination and cross-examination of the witnesses 363
6. The concluding speeches 369
7. The judge sums up 371
8. Appeal and pardon 374
9. The Trial Judge 375
CHAPTER VI
ARGUMENTS OF COUNSEL
1. Argument : in general 380
2. Contents of argument 381
3. (a) For the prosecution of plaintiff 381
4. (b) For the defendant 381
5. Preparation for arguments 382
6. Marshalling of facts 382
7. Judicious Repetition of Ideas and Arguments 386
8. Presentation of facts—Theory of the case 387
9. Presentation of facts 390
10. Probability 392
11. Technique in Arguments 393
12. Proper and improper arguments 404
13. Disposition or determination 404
14. Arguments—Method and manner : Use of illustrations and appeals to common experiences 406
15. Directing questions to opponent 407
16. Maintaining interest 408
17. Anticipating adversary arguments 408
18. Reply to adversary arguments 408
19. Courtesy toward court and opposing counsel 409
20. Naturalness 409
21. Earnestness and sincerity 410
22. Apologies for shortcomings 411
CHAPTER VII
TRIAL TACTICS : PREPARING FOR THE CONTEST
1. Preparation for trial 418
2. Blunders of want of preparation 420
3. Study and Preparation of a case 425
CHAPTER VIII
TRIAL TACTICS : GOLDEN RULES FOR CONDUCT OF CASES BEFORE TRIAL
1. Judge Donovan’s rules for conduct of cases 429
CHAPTER IX
TRIAL TACTICS : COMMENCING TRIAL
1. Bainard Case 448
CHAPTER X
TRIAL TACTICS : DURING TRIAL
1. A scene in the Police court 449
CHAPTER XI
DELIVERY OF EVIDENCE 468
CHAPTER XII
TACT IN COURT : TACT AND TALENT 474
CHAPTER XIII
TACT IN COURT : TACT AND INDUSTRY 477
CHAPTER XIV
TACT IN COURT : TACT AND GENIUS 481
CHAPTER XV
TACT IN COURT : TACT AND LUCK 485
CHAPTER XVI
TACT IN COURT : TACT AND PROMPTNESS 489
CHAPTER XVII
TACT IN COURT : TACT AND COURAGE 492
CHAPTER XVIII
TACT IN COURT : TACT, SELF-CONFIDENCE AND SELF-RELIANCE 497
CHAPTER XIX
TACT IN COURT : TACT AND SELF-CONTROL 500
CHAPTER XX
TACT IN COURT : THE TACT OF THE PRECEDENT BREAKER 503
CHAPTER XXI
TACT IN COURT : TACT OF A CHEERFUL DISPOSITION 505
CHAPTER XXII
TACT IN COURT : TACT AND COURTESY 508
CHAPTER XXIII
TACT IN COURT : TACT OF BEING READY FOR SUDDEN EMERGENCIES 510
CHAPTER XXIV
TACT IN COURT : TACT AND HUMOUR 515
CHAPTER XXV
TACT IN COURT : TACT OF SAYING THE RIGHT THING AT THE RIGHT TIME 519
CHAPTER XXVI
TACT IN COURT : TACT IN THE APT USE OF ILLUSTRATIONS 525
CHAPTER XXVII
TACT IN COURT : TACT AND FRIENDSHIP 529
CHAPTER XXVIII
TACT IN COURT : TACT AND HONESTY (LINCOLN) 532
CHAPTER XXIX
TACT IN COURT : TACT AND COMPROMISE
1. A discrete compromise 539
CHAPTER XXX
VALUE OF HUMOUR, ILLUSTRATIONS AND CONFIDENCE
1. Charm of cheerfulness—the cheerfulness of Choate 543
2. Success of Stanchfield 543
3. Courtesy of Court 543
4. Sullivan and Armstrong 544
5. Effect of humour in Court—The humour of Erskine 544
6. Reasoning by wit 544
7. The defence of a junior 544
8. The trick of Thompson 545
9. A wit that won the case 545
10. If Michael had a pint of whisky would he sell it 545
11. A case from Kentucky 545
12. What is an alibi 545
13. Russell’s rebuke 545
14. Scarlett’s secret of success 546
15. “Let us part as the best of friends” 546
16. Lincoln’s little prick at the bumptious man in the Illinois’ case 546
17. Ballantine’s reply to Huddleston 547
18. Judicial humour 547
19. Value of illustrations 548
20. Ancients were experts in the use of illustrations 548
21. Reasoning by comparison 548
22. If “captures the ear, interests the mind and holds the atten-tion” 548
23. Illustrations from the lives of great lawyers 548
24. Abraham Lincoln, the most illustrative of men 548
25. Lincoln’s little anecdotes have a volume of significance 548
26. Chauncey Schaffer’s apt use of terse comparisons 549
27. Reasoning by story is a climax of logic 549
28. Senator Morton 549
29. Wisher’s argument in an arson case 549
30. Convincing by comparison and illustration 549
31. Elliott’s remarks 549
32. Psychology of convincing by comparison 550
33. Suspense and surprise—Psychology of surprise as applied to advocacy 551
34. Illustrated from the lives of great lawyers 551
35. Denial O’Connell 551
36. Mr. Sheldon 552
37. A shock on the spectators 552
38. Jeremiah Mason 555
39. A paper from the pocket 555
40. Mark Antony’s address over the murdered body of Julius Caesar 555
41. Enthusiasm-Illustrations of the triumph of enthusiasm 555
42. Illustrations 556
43. Courage and Confidence 556
44. Illustrated from the lives of—Russell 557
45. Stanton—courage in inaction 557
46. Curran 558
47. Zola’s defence: his impassioned, dramatic, and patriotic appeal to the jury 559
48. Raymond-Hill Case 560
49. Mrs. Lockwood 560
50. Jonathan E. Arnold 563
51. Pluck and Perseverance 565
52. Russell 565
53. Tom Marshall 567
54. Aaron Burr 568
55. Benjamin Harrison 568
56. Cunning and stratagem—Elliott’s remarks 569
CHAPTER XXXI
TACT IN JURY TRIALS : CONDUCT OF CASES BEFORE
JUDGE AND JURY
1. Tribunals for decision of disputes are either fixed or casual 572
2. Administration of justice in England by judge and jury 574
3. Functions of Judge and Jury 574
4. Importance of the jury system in English laws and other laws based on such laws 575
5. Special susceptibility to finer sentiments, of juries as compared with judges 575
6. Reasons of the heart 576
7. The jury’s deep rooted sentiment of justice 576
8. Stages by which the independence of the jury in England was established 577
9. Merits of the Jury system 578
10. Who are better Judges of facts—Judge or jury 578
11. Sympathy and Prejudice of Juries 581
12. Selection and Challenging the Jury 581
13. The art of jury selection is a gift of nature 581
14. What Budger called ad-d good jury 582
15. Illustrative cases 582
16. A jury that stand in the same boat with accused 582
17. A study of the local politics 583
18. Significance of church agitation 583
19. Qualifications of jurors 586
20. Women as Jurors 588
21. Rules for Jury 595
22. What sways the verdict 595
23. The Juror’s oath 598
24. Judge’s charge to jury 599
25. Ballantine’s remarks on the influence of judge over jury 600
26. Lord Alverstone’s remarks 601
27. How Justice Maule referred to evidence of prisoner’s good character 601
28. How the evidence established the incredible 601
29. Behind the Scene 602
30. The knock at the door 602
CHAPTER XXXII
ADDRESSING THE JURY : POWER OF PERSUASION
1. Convincing the Judge or jury is not by mere appeal to their passions 606
2. Tact and skill in statement of facts 607
3. Elliott’s advice 607
4. Earnestness as a source of power 608
5. Protestation is not persuasion 608
6. Choice of diction 609
7. Making the cause speak for itself 610
8. Singleness of purpose 612
9. Sacrifice of self to the cause 612
10. Thought and Expression 612
11. Words that ring with meaning 613
12. Imagination in argument—Effect of dramatic action in ad-vocacy 613
13. Illustrations from the lives of great lawyers—Alex, Hamilton 613
14. The glare of candles on the guilty witness 613
15. General Harrison 614
16. General Brown 614
17. The writing of verdict on the scene of offence 614
18. From the reminiscences of Daniel Webster 614
19. Tufts’ will case 614
20. From the advocacy of Wendel Phillips 618
21. The Courvoisier case 618
22. The awful responsibility in finding a verdict of guilty on a charge for murder 618
23. The price of spotless reputation 619
24. From the life of Sergeant Prentiss 619
25. A lover’s legacy to his first beloved 619
26. Storrs 620
27. Voorhees 620
28. Objection to the production of a picture 620
29. Giving up the protection of the debt law—honest debtor pays his due 621
30. Personal opinion of counsel 622
31. Consideration of the consequences of the verdict 624
32. Elliott’s remarks 625
33. An Advocate in tears 626
34. Rufus Choate 627
35. Seduction of a mature maiden 627
36. The client in court 627
37. Edmund Purcell 627
38. Case of theft 627
39. Possession of house-breaking implements explained 628
40. Explanation convinces the jury 628
41. Helped by a drawmatic incident that touches their sympathy 628
42. Viscount Alverstone 629
43. The jury are always with the man who feels for the poor and forlorn 629
44. Senator Voorhees 629
45. A finding for the plaintiff, with sympathy for the defendant 629
46. Cockburn 630
47. A tribunal to which truth has seldom been a supplicant in vain 630
48. Sir John Hollams 631
49. Other cases of appeal to sympathy 633
50. “What would you have done”—An excellent question to the jury 633
51. The law of self defence—Nature’s law 633
52. Appeal to sentiment illustrated from the addresses of eminent lawyers 634
53. Lord Erskine 634
54. Political prosecutions 634
55. Appeal to the patriotism of the jury 634
56. Advance the freedom and maintain the security of great Britain 635
56. Bush 636
57. Sanctity of home and chastity of wife 636
58. Overpowered by the generosity of an injured husband 636
59. Montagu Williams 637
60. “You have a trinity of lines in your hands” 637
61. Lord Plunket 638
62. “Liberty” and “equality” 638
63. Dr. Kenealy 638
64. The Tichborne trial 638
65. Appeal to the Supreme Judge of the Universe 638
66. Sir Frederick Thesiger 639
67. Fraud by firm of stock brokers supported by bluff 640
CHAPTER XXXIII
COMMON SENSE OF JURY
1. Lord Bramwell’s rule 645
2. The composition of the average jury. Common sense governs the verdict 645
3. Popular clamour vs. the juryman’s oath 646
4. Law vs. Jury 646
5. The common belief in the tricks of the advocate is all a myth. 647
6. Reason rules the result of litigation 647
7. Elliott’s remarks 647
8. Sir John Hollams-Commonsense of Judges 648
9. The mind of the juryman 649
10. Frankness and honesty are favoured by the jury 649
11. How the jury think—as gathered from some of their pet phrases 650
12. Jury generally represents the average commonsense and moral sense of the people 651
13. Cases won by common-sense 651
14. Illustrated from the lives of famous lawyers 651
15. Jeremiah Mason 651
16. James Scarlett 651
17. Viscount Alverstone 652
18. Case of fraud by stockbrokers 652
19. An insurance fraud 652
20. Law of self-defence 653
21. Defence of home and fireside 653
22. A citation from Cicero 653
23. Trial of Beamer for murder of Baker 657
24. Law respects human passions 657
CHAPTER XXXIV
PERVERSE, INDIFFERENT AND SUPERSTITIOUS JURY
1. Let prejudice not influence the main issue 660
2. Wellman’s remarks 660
3. Illustrative cases 660
4. An Election case 660
5. Trial of Socrates 661
6. The tribunal that tried Socrates 662
7. Prejudices that worked against Socrates 662
8. The jury that judged Joan of Arc 662
9. Prejudice of her persecutors 662
10. Professional bias 663
11. Linguistic bias 665
12. The Language of the Jury 665
13. Why was Spanish shut out 665
14. A lesson in the choice of judges 667
15. Bias of judges 667
16. An acquittal against a confession 667
17. In the jury’s consulting chamber 670
18. The foreman’s speech to the jury 670
19. Verdict influenced by the foreman’s speech 670
20. The Russian Jury 670
21. What governs their verdict 670
22. Illustrated from the trial of Medad McKay 670
23. The touch of death 671
24. Trial for murder 672
25. Verdict of guilty 673
26. The scene of suspence before pronouncement of sentence 673
27. A sudden discovery 674
28. Seal missing 674
29. A momentous motion in arrest judgment 674
30. Issue of life or death hangs on the balance 674
31. Hope springs 674
32. Angel of deliverance 674
33. The quibble of the lawyers 674
34. Second trial when the superstition that shadowed forth his guilt has passed away 675
35. Choice of a jury 675
36. An indifferent spectator of a contempt case 677
37. A juryman’s arithmetic 678
38. How they arrived at the average 678
39. Another case of jury’s arithmetic 678
40. Splitting the difference 678
41. No more than one idea could ever stay in his head at a time 679
42. A juror who does not read at all 679
43. The jury’s doubt as to real law 679
44. Who owns the young ones?– owner or mortgagee 682
45. A single juryman not able to agree with himself for a verdict 682
46. The crux of the case 683
CHAPTER XXXV
WOMAN FAVOURED IN JURY TRIALS
1. In defence of woman 686
2. What ought to be a gentleman’s language to a lady 686
3. Willing to go jail in defence of a decent girl 686
4. Spirit of chivalry in and out of court 688
5. The sympathies of twelve good men in actions against women 688
6. Is the conviction of a beautiful woman impossible 688
7. Some illustrative cases 689
8. Arthur C. Train on the jury’s judgment of a woman’s guilt 692
9. Jury’s judgment in suits for breach of promise of marriage 693
10. Eye gleams and lip conjunctions 693
11. “Breach of promise cases” as a business concern 693
12. She instituted a dozen breach of promise suits 693
13. Satisfied with her success 693
14. Barrister as a benefactor who pointed out the road to fortune through breach of promise cases 693
15. An accessory before and after the fact 693
16. ‘There is no fool like an old fool’ 693
17. Promise-filled and affection-reeking letters 693
18. Bundles of documents that are potent weapons 694
19. Gains out of court on threat of suit sometimes more remunerative than cases won in court 694
20. Lots of other women making good in the breach of promise business all over the country 694
21. An article in a newspaper ‘Love, the conqueror’ 694
22. A lady read it and got 4,000 dollars damages 694
23. Running amuck on the doctrine of estoppel 695
24. Are they “simply evidences of friendship and nothing more” 695
25. The jury say ‘No’ and the Court upholds it 695
26. “All the courting was done” 696
27. Thought of her while awake and dreamed of her while asleep 696
28. Cost of courting 696
29. Lights in the parlor leading the jury to the inference of a lover’s promise 696
30. A cruel case that occurred in Michigan 696
31. Evidence of lady’s acceptance 697
32. Speaking by silence 697
33. Sufficient proofs of the lady’s consent 697
34. Getting a wedding cake 697
35. “Piercing quilts and doing fancy work” 697
36. Evidence of the lady’s release 697
37. The maid’s double dealings is no defence to the action 697
38. The lady says “I don’t want you” 697
39. The jury give her 2,000 dollars 697
40. The jury’s interpretation of what the lady says 697
41. “Hell hath no fury like a woman scorned” 697