Study on the Drawbacks of Judicial Advocacy

Advocacy is the primary means by which parties, or their lawyers, present their arguments and requests before the court. Despite its crucial importance in clarifying facts and applying the law, practical experience has revealed several flaws and drawbacks associated with the advocacy system (particularly oral advocacy), raising ongoing questions about its efficiency and ease of use.

**Key Drawbacks and Flaws of Advocacy:**

**1. Unequal Opportunities (Disparity in Personal Skill)**

* **Impact of Eloquence and Oratory Skills:** A lawyer with high rhetorical and persuasive skills may win a legally weak case, while another lawyer may lose a strong case due to poor delivery or nervousness.

* **Financial Disparity:** The ability to hire professional lawyers with expertise in oral advocacy is often limited to wealthier parties, undermining the principle of "equality of arms" between adversaries.

**2. Time Consumption, Prolongation of Litigation, and Especially Adjournments of Hearings:**

* Lawyers frequently request adjournments to prepare for oral arguments or to respond to the opposing party’s arguments, leading to excessive stretching of the judicial dispute.

* **Wasting Court Time:** Long and repetitive oral arguments consume valuable time that judges could otherwise dedicate to reviewing other cases.

**3. Reliance on Emotional Appeal and Departure from Reality**

* **Playing on Emotional Strings:** Some lawyers resort to sentimental appeals, stirring public opinion, and obscuring the solid factual and legal realities of the case.

* **Exaggeration and Overstatement:** Oral arguments often include exaggerated claims or vague accusations that require the court additional time to refute.

**4. Risk of Oversight and Forgetfulness**

* **Failure to Document Details:** Due to reliance on memory and frequent improvisation, lawyers may overlook raising a crucial point, or judges may fail to record an important detail mentioned orally that was not accurately documented in the court record.

* **Distraction:** The high volume of cases heard on the same day may make judges susceptible to divided attention during lengthy oral arguments.

**5. High Financial Costs:** Oral advocacy requires significant prior preparation and mental effort from lawyers, which directly translates into higher legal fees borne by litigants, making access to justice costly and difficult for many.

**So, how do modern judicial systems address these drawbacks?**

To avoid these flaws, many modern judicial systems have moved toward:

1. **Greater Reliance on Written Advocacy (Memoranda):** Arguments are presented in writing, precisely and supported by documentation, reducing the impact of emotional rhetoric and saving time.

2. **Setting Time Limits for Oral Arguments:** Establishing a specific time cap for each lawyer to present their viewpoint orally, preventing unnecessary prolongation.

3. **Digital Transformation:** Holding hearings and submitting memoranda electronically to reduce the need for lengthy in-person oral arguments.

**Mohammed Adel Al-Otaibi**

College of Business Studies – Law Major