I have not done much school work over the past couple of weeks. This weekend, I competed in the law school's Mock Trial Team Intramural Team competition. All the members who made the team last year were paired up and pitted against each other in a four day tournament. We received the fictional case packet with about six days to prepare for the first trial.
It was a battle, at least for me. I enjoyed the competition, and went up against some very smart and very articulate students. Nine teams entered the field, but as the brackets were set up, only four teams advanced after the first round. My trial was the only one where neither of the teams advanced to the semifinals. I like to think that we were both so good that we kept each other's score lower than other teams with different judges. But who knows? I also served as a witness in the semifinals for a team that advanced.
Congratulations to Ryan Hoyle and Cady Huss for winning the tournament. I watched them perform in the finals, and they put on a solid case.
My own trial lasted about two and a half hours. I delivered the opening statement for the defense, and then direct-examined a witness and cross-examined a different witness. The opening statement was the most difficult aspect for me. If I could find a formula to get rid of the butterflies-- or at least make it where they didn't show or didn't affect my performance at all, that would boost my abilities a great deal. Some days I can pull it off, some days I can't. In my tryout last year, I nailed my performance. In my opening statement for this competition, though, the butterflies bubbled up once or twice. I was not nervous at all during my direct or my cross, which I've heard other team members say is the most difficult aspect of the trial for them.
I would have liked to advance in order to get more practice at trials. The experience is invaluable, and it makes quite clear to me what the obstacles are to winning trials and becoming a good trial lawyer. Aside from being cool, articulate and able to convey your message to the jury, you must be knowledgeable of the Rules of Evidence. In the preliminary matters with the judge before the trial actually starts, you wage war with the opposing side on what evidence is going to be admitted at trial, and you have to persuade the judge using the Rules of Evidence.
You must also be listening carefully and thinking quickly about strategy as the trial goes on. You will joust with the witnesses on cross-examination. Making objections to your opponent and handling objections from your opponent properly can steer the course of the trial in the way you want it to go.
Like I said, I now know first hand what I had expected before: A trial is a battle, requiring huge amounts of energy and preparation. And then you can't choke after you've done all that work to bring yourself to the brink of victory in the arena. You must finish and close the deal.
It's a battle. It's hard work. It's nerve-racking. It's fun. . . I look forward to my next opportunity to be in the arena.
Thank you to Trumon Phillips and Nicki Mohr (the President and Intramural Chair of the Mock Trial Team) for all their hard work in giving us new members a great learning experience. Also thanks to my coach, Ty Eppsteiner and my trial partner, Bradley Bodiford, for all their hard work and to Bradley for delivering an awesome closing argument in our trial.
Until Next Time,
Nathan Marshburn
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1 comment:
Sounds exciting!
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