Art Of Advocacy


First basic note 

Author: Amir Raesian Firouzabad Attorney at Law

"Art of advocacy" or "What is another thing?" What is the nature of  advocacy? Many people have spoken of it, some have called it a technique, based on "skill to use  the general rule of  advocacy" And this skill with consideration the context of the law (here must been consider basic principles of the main law, such as the right to ownership) and the recognition of the principles and rules of  inference and the evocation of the spirit of law from the body of the text, for this reason The collections of these skills are called advocacy. It must be notified that the most important part of the advocacy are skill and technology (as a technique) is since early age and the law - in Athens - until the formation of the modern age was not enough because it was exceeding  knowledge, rhetoric and reasoning and affecting the audience and judges Was a criterion. But with the advent of modernism, the evolution and development and the gradual diversification of the law, the "knowledge of the rules", which became diverse and extended on a daily basis, became the first center of advocacy and defense. Hence,  rhetoric and reasoning was valuable and the best lawyer was one whose arguments were more attractive to the people and the court. It was with this new focus that other intellectual of the humanities called advocacy as science, claiming that the main means of lawyers in defending their client is knowledge and mastery of the texts of laws, and "anyone who knows more can convince "  This mentality began precisely exactly at a time when the dominant slogan of the "modernizing world" was: knowledge is power.

The highest level of a lawyer during this period was greater secrecy and a more powerful minds and knowledge and knowledge, and the best lawyer was the most aware of them .But what is the situation with lawyers today? Is today, with the advent of postmodernism, the advocacy of the domain and the scope of "technique of defense" with the traditional  look" or "science of defense" with the modern  look out? Today, it seems that the judge is not at the forefront of advocacy and justice, as judges and judicial and judicial systems have become better accustomed and specialized judges, and in various cases also use the special (experts). Many cases  we are not faced only by a judge (in particularly, the trial is  two-step process initially and revision), and in such a situation, mere persuasion and reasoning and attraction is not consider in speech. On the other hand, the knowledge and the rights of lawyers have become unimportant for two reasons. First, due to academic education and the growth of technology and the ability to search for any law in a few minutes, knowledge has become more accessible, and knowledge does not produce much superiority, and another reason We see that in the practical process we do not necessarily take assume better and more successful lawyers in law science. So, let's see what causes more lawyers to succeed?

I claim  that "art of advocacy" is the cause of the success of a lawyer. But it's interesting to know that regarding the word "art of advocacy" has been widely spoken about, and of course none of these articles could have described accurately and analytically described as "art." It feels like that all those who have read this phrase knew they missed something, but they could not find it. In these notes that called "art of advocacy" I intend to address the "art od advocacy" more than anything else. In my opinion, "art of advocacy" is a combination of " the technique of defense", "science of defense" and "professional spirit of defense".

But what the "professional spirit of defense" means is explained in other notes, but briefly, in this parameter, the morality and the desire to prove the truth and lawyer's fight for freedom and justice, along with professionalism” plays a role. This means that for a lawyer who only thinks of a defense technique, right does not matter, and professionalism does not make sense for a lawyer who only thinks of advocacy. But if these two factors come together with the help of "technique of defense" and "legal knowledge", then the phenomenon of "art of advocacy" is formed. Let me give you an example. Today, if a statue of the human body is made with the finest dimensions and finesse, ...it does not matter much in art as it  has already  been done once and for ever by Michelangelo. On the other hand, sculpture based on the knowledge of metal casting and melting has reached the end and nobody can claim to have a sculptural knowledge that others would never achieved. This is where we should ask: What features DISTINCT THE  "sculpture art" today? I do not know the answer to this question, but I know something else is necessary . This "SOMETHING ELSE" is necessary to achieve the "art of advocacy" and, to me, IT is a "professional spirit of defense"

continues....

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نشانی ما :

تهران - میدان هفت تیر - خیابان قائم مقام فراهانی -خیابان مشاهیر - نبش کوچه بهرامی - پلاک 2 - واحد 5

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