Distinguish between Advices on law and advices on evidence.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2022
Distinguish between Advices on law and advices on evidence.

Answer & Explanation:

Advice of Law A professional appearing before a Courts/Tribunals is required to have an art of advocacy. Technical and legal knowledge about the area in which professionals are acting is essential. Sometimes the client would want to know how the law will apply to a given situation. Without in-depth knowledge of law and legal research one cannot give an opinion to the satisfaction of the client. The proper way is to start with the facts of case by taking minute details from the concerned client and thereafter apply the law that covers the situation. A professional should bear in mind that he has to convey to the client about exact legal position as existing in context of the relief sought by him in as much as to give correct picture of judicial view to the problem posed by the client. Advice on Evidence Advice on evidence refers to the written opinion of a counsel identifying the issues raised in a civil or criminal case and advising counsel's instructing solicitor in relation to the evidence to be called at trial. In order to give advice properly, evidence should be collected at the earliest possible stage. For instance, witness statements, documentary material, plans, objects, photographs and any other items of real evidence. A professional should further bear in mind that he has to give advice on evidence to his client as to his matter in the Courts/Tribunals. Such professional must demonstrate an understanding of the purpose and techniques of examination, cross examination and re-examination to adduce, rebut and clarify evidence of the concerned witness before such Court/Tribunal.

Topics: Professional Ethics and Advocacy

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