Walking into your first trial as an attorney is intimidating … to say the least. Most of the time lawyers have been working their way up from their hole in the basement where they have been hiding doing research for the last five years before they are trusted inside of the courtroom. Many of the first cases tried in a big firm but a first time trial attorney are cases that are virtually impossible to win (or so the bosses think). If this was your first time ever picking a consistent theme and theory, writing an opening statement, crafting direct examinations and cross examinations for your witnesses and the opposing counsel’s witnesses and wrapping it all up in an eloquent closing statement… along with having learned the language of the law and figuring out when to object and preserve the record… it is enough to make anyone’s head swim. Not only this, but lawyers have an esteemed reputation to uphold ... nothing ever fazes them. So that means nerves aren't usually talked about. But this article helps explain why nerves are normal and why it's good you experience them in mock trial (or moot-court).
This is why mock trial is important. It gives you experience in a mock trial environment, which is more causal, but still allows you to argue a case in front of real judges (or sometimes attorneys). It forces you to learn to think on your feet, fight objection battles and learn how to keep a consistent theme throughout a trial. You don't have to take my word for it, you can look here at the American Bar Associations reasons for joining.
You present the same case in mock trial 4 times a weekend, and depending on how many tournaments you do… that can add up quickly. Even though you are constantly re-working the same case, no two rounds are ever the same. Witnesses throw in a different phrase, creating a new chain of questions in direct examinations. During cross examinations witnesses fight differently creating new areas to expound upon. Sometimes an opener throws in a different line than normal, creating a slightly new theme. One of the most fun parts about mock trial is being a closer. This person gets to take every piece of evidence and every statement made in the courtroom and use it to weave a cunning narrative of each sides version of the events. Each time the close is nuanced based on what evidence the other side presents, what their theory is and how the three-hour trial proceeded that day. Sometimes attorneys on our side miss bringing in a fact or piece of evidence and the closer will have to do without that piece of information. Other times the other team will bring in a fact or piece of evidence that isn’t a part of the initial case we present but we shift it back to our side in order to help our theory and theme of the case and best defend our client’s interest.
Sometimes, mock trial is the only trial experience that an attorney has walking into their first court case that actually makes it to trial. Having the experience of putting a case together, speaking in front of people and defending someone’s perspective is a fantastic way to put yourself ahead of your peers and stand out to law schools, and during law school getting involved with the same types of activities can help future employers notice you. This is a great resume builder and is also a great way to learn how to work in a team, learn leadership skills and also figure out how to take criticism and work to be better than the attorney you were yesterday. For more tips on how to make your resume better, click here.
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