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opening_statements [2019/04/12 14:31]
frescom
opening_statements [2019/04/12 14:37]
frescom
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 In Defending Suspects at Police Stations Ed Cape puts forward an outline for Opening Statements and recommends the lawyer should explain the following: In Defending Suspects at Police Stations Ed Cape puts forward an outline for Opening Statements and recommends the lawyer should explain the following:
-Explain the Role: to protect and advance my clients legal rights and to advise the client in interview where necessary. +  - Explain the Role: to protect and advance my clients legal rights and to advise the client in interview where necessary. 
-Formality: to address the client and rep with appropriate formality +  ​- ​Formality: to address the client and rep with appropriate formality 
-Comment or No Comment: "On my advice my client will/will not be answering questions. Please do not undermine my clients decision or I will intervene."​ +  ​- ​Comment or No Comment: "On my advice my client will/will not be answering questions. Please do not undermine my clients decision or I will intervene."​ 
-Reasons to intervene:​ +  ​- ​Reasons to intervene:​ 
-the client asks for advice +    * - the client asks for advice 
-introduction of new undisclosed evidence +    * - introduction of new undisclosed evidence 
-any pressure put upon the client +    * - any pressure put upon the client 
-a break is necessary +    * - a break is necessary 
-Summarise the disclosure +  ​- ​Summarise the disclosure 
-Request more information:​ +  ​- ​Request more information:​ 
-Ask for the purpose of the interview +    * - Ask for the purpose of the interview 
-Ask for undisclosed evidence +    * - Ask for undisclosed evidence 
-Whether there is sufficient evidence to charge +    * - Whether there is sufficient evidence to charge 
-Intentions post-interview+    * - Intentions post-interview 
 My opinion is just that: an opinion. Far be it for me to disagree with the real experts but I have several issues with the use of an Opening Statement. Firstly, I simply cannot see the point. Interviewing Officers know full well what the solicitor or there for. They understand his role. I cannot see a reason for spelling it out. If I intervene in an interview I do so when and if it is necessary. ​ My opinion is just that: an opinion. Far be it for me to disagree with the real experts but I have several issues with the use of an Opening Statement. Firstly, I simply cannot see the point. Interviewing Officers know full well what the solicitor or there for. They understand his role. I cannot see a reason for spelling it out. If I intervene in an interview I do so when and if it is necessary. ​
  
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 If the OIC says you cannot provide an Opening Statement what would I respond? If the OIC says you cannot provide an Opening Statement what would I respond?
  
-Finally, we have been made aware of a candidate who used Opening Statements in their Portfolio. They were failed for using them. They are not taught on the courses.+Finally, we have been made aware of a candidate who used Opening Statements in their Portfolio. They were failed for using them. They are not taught on the courses. That decision is under review and hopefully will be reversed. Do please get in touch if you use Opening Statements. My gut feeling is that they are not used by many reps but if you do use them let me know what you say and why.
  
  
opening_statements.txt · Last modified: 2019/04/12 14:37 by frescom