What Makes A Good Criminal Advocate | How to Think Like a Lawyer

In the fifth episode of How to Think Like a Lawyer, Alexander is joined by Adriana Piletto, a student barrister with experience in mooting, mini-pupillages, legal advice clinics and judicial marshalling, for a conversation about what it really takes to become a good criminal advocate.

Adriana explores the three qualities she believes are central to effective advocacy: preparation, communication and emotional intelligence. She explains why advocates need to understand the evidence and law inside out, anticipate arguments from the other side, and prepare for unexpected questions from judges and juries. The discussion also examines why preparation gives advocates the confidence to think on their feet when proceedings do not go according to plan.

The conversation then explores the relationship between legal knowledge and persuasive communication. Adriana explains why knowing the law is only part of advocacy, and why advocates must also be able to communicate complex legal principles and evidence clearly to judges and juries.

A major focus of the episode is thinking on your feet in criminal proceedings. Adriana discusses her observations of Crown Court cases, including situations where witnesses give unexpected answers, judges intervene, new arguments are raised, or evidence develops differently from what an advocate expected. She explains how preparation, adaptability and maintaining an overall strategy help advocates respond to unpredictable situations.

The interview also examines what mooting, mini-pupillages and judicial marshalling can teach aspiring barristers about advocacy. Adriana reflects on observing both prosecution and defence work, and seeing how advocacy can differ between the Magistrates' Court and Crown Court.

Alexander and Adriana then explore communication with clients, witnesses and non-lawyers. Drawing on Adriana's experience in a legal advice clinic, the conversation considers why lawyers need to adapt their communication style to the individual they are speaking to, particularly where there are language barriers or limited understanding of the law.

The episode also addresses common misconceptions about criminal barristers and criminal defence. Adriana explains the distinction between representing a client and approving of their conduct, and discusses the advocate's role in presenting evidence and arguments, testing the prosecution's case and ensuring that the prosecution is put to proof.

Adriana also discusses the importance of developing your own advocacy style. She reflects on the pressure students can feel to fit a particular image of what a barrister should look or sound like, and explains why authenticity is important. She also shares how mooting helped her develop confidence in turning legal research into persuasive oral argument.

Finally, Adriana gives advice to aspiring barristers about work experience, rejection, confidence and stepping outside your comfort zone. She explains why students should put themselves forward for opportunities even when they feel nervous or uncertain, and why saying yes to new experiences can help build confidence and develop the skills needed for a career at the Bar.

Topics covered include: criminal advocacy, advocacy skills, preparation, legal knowledge, persuasive communication, emotional intelligence, thinking on your feet, Crown Court advocacy, Magistrates' Court advocacy, prosecution and defence advocacy, cross-examination, mooting, mini-pupillages, judicial marshalling, legal advice clinics, client communication, criminal defence, the role of a barrister, legal representation, advocacy style, work experience, rejection, confidence and careers at the Bar.

How to Think Like a Lawyer — Episode 05: What Makes a Good Criminal Advocate with Adriana Piletto.