Effective Oral Advocacy The First Year Torts Moot

Effective Oral Advocacy The First Year Torts Moot

Effective Oral Advocacy The First Year Torts Moot Professor Janine Benedet January, 2017 Components of Advocacy

Written Argument the factum Court gets it in advance Clerks digest it and do further research Court can refer to it when they reserve to consider their decision

Oral Argument Answer questions Focus in on what is important Support the open court principle How to Prepare

Create a Roadmap for the Court Identify your arguments under each issue Strongest argument first Digest the cases Be organized index cards, binder

Draft a conclusion are you first or second counsel? DO NOT write or memorize a speech!!! Preparation requires practice Alone and with an audience

Time yourself Write down the questions your partner is getting and work on better answers Experiment with order and wording to streamline your argument

Delivering your Submissions (Formalities) Dress appropriately Read the BCCA Practice direction: http://www.courts.gov.bc.ca/Court_of_Appeal/practi ce_and_procedure/civil_and_criminal_practice_direc

tives/practice_notes/PDF/( CandC)Addressing_the_Court_Civil_and_Criminal.pdf Stand when judges enter First counsel stands, introduces both counsel, stand when your name is read In BC, address the court as My lords My ladies

Opposing counsel is my friend Delivering your Submissions (Substance) Help the court follow along in your factum Tell the court what you want them to find

Think about point first speaking Refer to the case by the name of the parties and the court and date if necessary Avoid lengthy quotes but use the exact language in the case

Delivering Submissions (Style) Go slowly Vary your cadence, volume, sentence length Maintain eye contact Avoid distracting movements

Answering Questions

Tough questions dont mean you have lost Not every question is a trap Not every question needs a lengthy answer Be wary of hypotheticals

Ask for clarification if you need to Dont ask if youve answered the question Problematic Questions Question takes you out of order Question is for your co-counsel

Question is stupid Common disasters and how to deal with them Error in your factum Not knowing the answer

Running out of time Finding your authentic style

Law School Entrance Requirement, c. 1825 a general knowledge of English, Grecian and Roman history, a becoming acquaintance with some of the selected prose works of the ancients. . . and it is also expected that the student will show the Society that he has some

reasonable portion of mathematical instruction. Bucknall et al. at 144-45, quoting from the Law Society Journal, July 1, 1825. Clara Brett Martin Delos Davis

The first UBC Law School George Curtis, Founding Dean Margaret Gee, Class of 53

Law School Courses Public law Criminal, Constitutional regulatory state Public Law and Administrative Law Private law Torts, Contracts, Property

Business Organizations Public and Private - Transnational Law Theories of law and justice Jurisprudence Legal Ethics Business Organizations Legal Research and Writing; Upper year seminar requirement

Canons of Legal Ethics HONESTY Be candid; dont cheat or engage in sharp practice LOYALTY

Keep confidences; put the client first CIVILITY Treat others with courtesy and respect SERVICE

Promote access to justice and assist those in need INTEGRITY Keep your promises; promote respect for the rule of law Lady Justice

Patricia Proudfoot, Class of 52 BC Code of Conduct for Lawyers 3.2-7 A lawyer must not engage in any activity

that the lawyer knows or ought to know assists in or encourages any dishonesty, crime or fraud. BC Code of Conduct Rule 3.2-7(4) A bona fide test case is not necessarily precluded by this rule and, so long as no injury to a person or

violence is involved, a lawyer may properly advise and represent a client who, in good faith and on reasonable grounds, desires to challenge or test a law and the test can most effectively be made by means of a technical breach giving rise to a test case. In all situations, the lawyer should ensure that the client

appreciates the consequences of bringing a test case. Alfred Scow, Class of 1961

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