Oral advocacy in the legal realm is a crucial moment for lawyers to showcase their skills in presenting arguments persuasively, which can determine the outcome of a case.
This article will outline the primary methods for providing effective verbal assistance, including practical advice and a roadmap incorporating the application of legal technology.
What does oral support mean?
Oral support involves presenting and elaborating on the key points made by attorneys in court, which can be crucial for the judges’ decision-making.
This process enhances what was written and promotes active engagement with colleagues.
It is a special chance to address contentious issues, showcase previous examples, and underscore the importance of the cause, ultimately aiding in reaching a more crucial decision.
It is a tool that merges rhetorical and legal skills to aid in advocating for consumer rights in a more empathetic and convincing manner.
When does verbal assistance take place?
Oral assistance takes place during a trial session, following the presentation of the case by the rapporteur and before the collegial trial concludes.
The session president gives each party, including the Public Prosecutor when relevant, a specific amount of time (typically 15 minutes, as outlined in CPC/15) to present their arguments.
This moment is important as it enables the lawyer to engage with the judges, emphasizing key points and adapting the argument based on emerging nuances.
When is it suitable to provide verbal assistance?
The use of oral assistance can differ depending on the type of action and procedural process chosen, being provided for most appeals with unique aspects that require careful consideration.
Next, we examine the most significant hypotheses, organized according to the procedural framework.
CPC oral assistance
Oral assistance is available in various forms as stipulated in Article 937 of the CPC/15, allowing each party to present their arguments during the trial session following the initial presentation by the rapporteur.
It can support arguments in certain situations.
- Appeal;
- Common asset.
- Special request;
- Extraordinary request.
- Misunderstanding panels.
- Rescission, security warrant, and complaint are all terms related to legal actions.
- The legal tool specifies an unlikely timeframe of 15 minutes, enabling lawyers to concentrate on the key points.
The ninth section of the article allows internal court rules to enhance or broaden the possibilities of cable transmission.
Oral Argument in Appeal Instrument
Oral support was made available with the CPC/15 advancements, allowing for interventions in interim decisions regarding urgent or evidentiary provisional safeguards through instrument agraves (Art. 937, incise VIII, CPC).
The hypothesis suggests that even in cases not specifically focused on the merits, a lawyer can argue in court for a thorough analysis and challenge a single judge’s decision affecting the case’s progress.
Oral assistance for CPP
Oral testimony is crucial in legal proceedings, particularly in criminal appeal cases, according to the Criminal Procedure Code (CPP).
The specific ceremony is intended to guarantee a broad defense through oral presentation, enabling the lawyer to enhance the written argument with crucial details that could impact the re-evaluation of the facts and sentencing decisions.
Oral presentation in Habeas Corpus.
Although habeas corpus is a crucial tool, there are situations where verbal backing is permitted, particularly in cases of collective judgments concerning pressing matters of liberty.
It is crucial for the lawyer to be familiar with the court’s internal rules in order to determine if there is a legal basis for presenting oral arguments in support of a habeas corpus petition.
Support provided verbally in TRT
In Labor Justice (TRT), oral arguments are primarily used in regular appeals and petition appeals.
Each Regional Labor Court has its own specific procedures, necessitating lawyers to become acquainted with the internal rules in order to enhance their representation and ensure clear and objective presentation of arguments.
Advancements in Legal Legislation
Law 14,365/2022 expanded the rights to legal assistance by updating the Statute of the Law (Law 8,906/1994).
Lawyers are allowed to use the term “by order” in any court setting to intervene and address any misunderstandings or uncertainties regarding facts, documents, or statements that could impact the outcome.
Can oral assistance be provided through video calls?
The law allows for the option of receiving verbal assistance through video calls.
§4 of Article 937 of the CPC stipulates that…
The lawyer who practices in a city other than where the court is located can provide oral support through videoconferencing or other real-time sound and image transmission technology, as long as the request is made by the day before the session.
This approach seeks to broaden access to justice and remove geographical barriers to ensure individuals can fully exercise their right to defense.
Suggestions for effective oral support
To make your spoken assistance more impactful and unforgettable, think about implementing the following advanced tactics:
- Thorough examination of the procedure:
Go further than just skimming through the car documents. Conduct a comprehensive examination of the papers, evidence, and points made, pinpointing subtle details that can be further investigated for backing.
- Creating an elaborate screenplay:
Construct your presentation in a rational and cohesive manner.
Divide your speech into sections: a short introduction, presenting the key points, outlining the legal arguments (preferably with three strong argumentative foundations), and concluding with a powerful summary and requests.
Legal artificial intelligence (AI) can assist in drafting and structuring the document. Access our platform and explain the information you wish to present to the judge.
Our legal artificial intelligence will develop a unique model with sound logic to support you in your legal matter.
- Intense training and hands-on assessments:
Practice oral support simulations, and consider recording your presentation to assess intonation, rhythm, and clarity.
Seek input from coworkers or mentors, and be ready to modify your speech accordingly.
Consistent practice is crucial to minimize anxiety and deliver a smooth and secure presentation.
- Technical and emotional aspects.
It is crucial to show empathy and care in communication, along with technical expertise.
Maintain a respectful stance and refrain from using too many technical terms that may hinder understanding.
Provide specific instances that demonstrate how your arguments can be applied in real court settings, ensuring that your backing is both technical and compelling on a personal level.
- Adapting to the surroundings and utilizing technology resources.
Ensure the video conferencing environment is properly set up with good lighting, a reliable connection, and a professional backdrop if providing oral support remotely.
Be ready to utilize screen sharing tools when presenting supporting documents or graphics.
- Be cautious about the choice of words and timing.
Be concise and avoid reading a decorated script too literally.
Adjust your speech based on the reactions of the audience to prioritize the most pertinent arguments.
Adhering to deadlines is more than just following a process; it also shows professionalism and consideration for others in the group.
The Art of Persuasion in the Public Platform
Oral support is the last chance for the attorney to turn written arguments into a compelling and decisive spoken presentation.
By becoming proficient in procedural regulations, employing carefully thought-out tactics, and getting ready with the assistance of technological resources like Legal AI, the attorney can project confidence and potentially sway the magistrates’ decisions.
Investing in the quality of oral support is crucial for defending customer rights effectively in today’s fast-paced and challenging environment.