Today in Tallahassee, I found pollen on my car for the first time this year. I also turned on the air conditioner in my car for the first time since September or October. During my drive to school, I saw a dogwood tree in full bloom. I am glad that the cold weather is fading away...
And last weekend, I had the privilege of competing in my final Mock Trial tournament. I was part of a team that Florida State Law sent to the Texas Young Lawyer's Association (TYLA) regional competition. This tournament is one of if not the most popular Mock Trial tournaments in the country. It is a national event, with many of the law schools in the country sending a team to their respective regional contest. Our region includes Florida, Alabama, and Mississippi. The regional winners go on to Houston in April for the finals.
The Cumberland School of Law in Birmingham served as this year's regional host. The city has a beautiful courthouse where all the teams competed. My team did fairly well. We beat Barry University, the University of Miami, and lost a close contest to the University of Alabama. Our 2-1 record wasn't quite good enough to reach the semifinals, so we were done with the competition on Saturday night.
This gave us the opportunity to see a little of the city. During our trip, we stayed at the Sheraton in downtown Birmingham. On Saturday night, Kid Rock performed right across the street. To my surprise, he has quite a following. Kid Rock groupies filled up the rooms of the hotel, and well before the concert began my hall was littered with beer bottles and empty cigarette boxes. I enjoyed mingling with the fans before I hit the town Saturday night. I was used to their thick southern accents, but to hear guys speaking the southern working class dialect while wearing all black and eyeliner was a bit unique.
When we left the hotel, my teammates and I took a cab to a section of town called "The Five Points." This area had a good feel to it. We discovered a cool little place called The Blue Monkey Lounge tucked at the end of a cobblestone street. My teammates' company, the atmosphere, the music, the drinks, and the women there were fantastic. I thoroughly enjoyed myself, and all of us, I think, appreciated blowing off some steam. If I am ever in Birmingham again, "The Five Points" is a place to which I would return. Here is a link to the Blue Monkey Lounge website: http://bluemonkeylounge.com/
As far as the competition itself, my only regret is that I did not get a chance to go in more trials. Each time I compete, I feel myself getting stronger, getting better. I was conscious of how good I felt once the trial got going. Sure, I was nervous before and during the competition. That will probably always be there, and sometimes the nerves show through a bit. But I was also aware of my confidence. It is not an overstatement to say that for certain flashes during the trial, I felt invincible.
That feeling, that rush, is the best thing the Mock Trial Team has given me. I have learned and continue to learn a lot about how trials work and what I need to do to win. And, foolishly or not, I now believe that I can beat anyone in a courtroom on a given day... Bring in the top trial lawyers in the country. I'll go head to head with them. Bring in anyone with style and presence: President Obama, Johnny Depp, Tom Cruise from A Few Good Men, I'll take on whomever walks into the courtroom. This is silly boasting, I know, but it is really a great, rare feeling when this kind of rush hits me before or during a trial.
Anyway, my Mock Trial competition days are over, and I am a little sad about that. I think that if there was a 4L year in law school, I would stop focusing so much on my grades and instead compete in as many tournaments as I could. Once you really start learning what to do, Mock Trial can become addictive.
Until Next Time,
Nathan Marshburn
Showing posts with label Mock Trial. Show all posts
Showing posts with label Mock Trial. Show all posts
Friday, February 25, 2011
Wednesday, November 24, 2010
Mock Trial and Moot Court Excellence
In law school, there are any number of extracurricular organizations that can boost your resume and lead to job offers. At Florida State Law, arguably the most important three are Law Review, the Moot Court Team, and the Mock Trial Team.
But a student can not simply sign up for one or all of these organizations. Law Review has a "write-on" competition where students submit briefs or memorandums and hope to be selected. A student may also submit a paper of quality to the Law Review. If the editorial staff decides to publish the paper, then that student is also extended an invitation to become a member. The Moot Court and Mock Trial Teams each have their own tryout process to choose new members as well.
The FSU Moot Court Team has enjoyed quite a bit of success in recent competitions, and now the FSU Mock Trial Team can add to the trophy case with them. Last weekend, Mock Trial Team members Thomas Philpot, Ryan Hoyle, Eliott Smith, and Matt Minnick won the Earle Zehmer Mock Trial Competition in Tampa. Their success comes on the heels of a finals appearance by another group of four from the Mock Trial Team at the American Bar Association Mock Trial Tournament in Miami. This semester, we also had teams reach the semifinals at the Lone Star Competition in San Antonio and the Buffalo-Niagara Competition in Buffalo, NY.
As for the Moot Court Team, on November 10th I was privileged to see a second Final Four Competition at the Florida Supreme Court. In this competition, the top four new members of the team go against each other in front of the Justices of the Florida Supreme Court.
I remember last year how nervous I felt walking into the chamber, and I was not even the one competing. All the people, the high ceiling, the plush carpet, and the oil canvass paintings lining the walls seemed pretty intimidating. I wrote an entry about that experience back on November 14 of last year. This time around, I was more accustomed to the room and the presence of the justices, but I still felt nervous for my friends who were competing.
They all did great. Tara Klimek, who won the best advocate award earlier this semester at the Wayne Hogan Mock Trial Intramural Competition, also took home the prize for the best advocate here. Tara is the only person during my three years at FSU Law to be selected for the Moot Court Team, the Mock Trial Team, and Law Review. She is a real all-star.
The competition was close. Alexandra Haddad, Jourdan Neal, and Molly Drake gave memorable arguments before the justices. I enjoyed listening to them. Two of my friends (and competitors from last year), Tiffany Roddenberry and Brian Bohm, served as the principal coaches. Tiffany and Brian did a great job of preparing the four students for the experience.
It's nice to be in a place where I am surrounded by so many bright, talented, and friendly people.
*As usual, if I have used your name in this entry and you don't want it returning a hit on the Internet, please let me know and I will remove it.
Until Next Time,
Nathan Marshburn
But a student can not simply sign up for one or all of these organizations. Law Review has a "write-on" competition where students submit briefs or memorandums and hope to be selected. A student may also submit a paper of quality to the Law Review. If the editorial staff decides to publish the paper, then that student is also extended an invitation to become a member. The Moot Court and Mock Trial Teams each have their own tryout process to choose new members as well.
The FSU Moot Court Team has enjoyed quite a bit of success in recent competitions, and now the FSU Mock Trial Team can add to the trophy case with them. Last weekend, Mock Trial Team members Thomas Philpot, Ryan Hoyle, Eliott Smith, and Matt Minnick won the Earle Zehmer Mock Trial Competition in Tampa. Their success comes on the heels of a finals appearance by another group of four from the Mock Trial Team at the American Bar Association Mock Trial Tournament in Miami. This semester, we also had teams reach the semifinals at the Lone Star Competition in San Antonio and the Buffalo-Niagara Competition in Buffalo, NY.
As for the Moot Court Team, on November 10th I was privileged to see a second Final Four Competition at the Florida Supreme Court. In this competition, the top four new members of the team go against each other in front of the Justices of the Florida Supreme Court.
I remember last year how nervous I felt walking into the chamber, and I was not even the one competing. All the people, the high ceiling, the plush carpet, and the oil canvass paintings lining the walls seemed pretty intimidating. I wrote an entry about that experience back on November 14 of last year. This time around, I was more accustomed to the room and the presence of the justices, but I still felt nervous for my friends who were competing.
They all did great. Tara Klimek, who won the best advocate award earlier this semester at the Wayne Hogan Mock Trial Intramural Competition, also took home the prize for the best advocate here. Tara is the only person during my three years at FSU Law to be selected for the Moot Court Team, the Mock Trial Team, and Law Review. She is a real all-star.
The competition was close. Alexandra Haddad, Jourdan Neal, and Molly Drake gave memorable arguments before the justices. I enjoyed listening to them. Two of my friends (and competitors from last year), Tiffany Roddenberry and Brian Bohm, served as the principal coaches. Tiffany and Brian did a great job of preparing the four students for the experience.
It's nice to be in a place where I am surrounded by so many bright, talented, and friendly people.
*As usual, if I have used your name in this entry and you don't want it returning a hit on the Internet, please let me know and I will remove it.
Until Next Time,
Nathan Marshburn
Sunday, September 19, 2010
The Mock Trial Intramural Competition
This week saw the newest members of the Mock Trial Team go head to head against each other in an intramural competition. The contest is designed as a teaching mechanism to prepare the students for both future tournaments at other schools and for real trials later in their careers.
To get ready, the new members were largely taught by others on the team. Three 3L students and one recent graduate served as the coaches. They put in many hours training the new students on the basics of trial practice. Personally, I sat in on a couple of practices, and I also served as a "jury member" for two rounds of the competition.
The new guys are impressive. We have a good shot at winning some trophies this year, though I have also learned Mock Trial judging is so subjective that there is no way to predict outcomes with certainty.
Intramurals is the same type of competition that I went through last year, but it is much easier being on this side of it. I tried to give helpful feedback. At this stage, I think it is most important to build confidence in our new team members. We should make sure they know the skills to conduct a trial, but they should also believe that they can beat anyone who walks into the room. Attitude and charisma can sway a jury and dominate a trial, at least in my opinion. As Mr. Crump told me when I worked at his firm, "Give the jury popcorn and turn down the lights." A belief in your own abilities is essential to win a trial.
The President of the Mock Trial Team, Christian Cutillo, and the Intramural Chair, Corinne Koeppen, did a fantastic job in organizing the tournament and making sure things ran smoothly. Wayne Hogan, a prominent trial attorney and major benefactor of the law school and the Mock Trial Team, attended the reception and the championship round.
Congratulations to Tara Klimek, an outstanding 2L who won the "Best Advocate" award.
The intramural competition was a lot of fun and an important part of the Mock Trial Team experience. I enjoyed watching all the performances and seeing how hard everyone worked.
Once again, if I have used your name in this blog post and you want me to remove it, just Facebook me.
Until Next Time,
Nathan Marshburn
To get ready, the new members were largely taught by others on the team. Three 3L students and one recent graduate served as the coaches. They put in many hours training the new students on the basics of trial practice. Personally, I sat in on a couple of practices, and I also served as a "jury member" for two rounds of the competition.
The new guys are impressive. We have a good shot at winning some trophies this year, though I have also learned Mock Trial judging is so subjective that there is no way to predict outcomes with certainty.
Intramurals is the same type of competition that I went through last year, but it is much easier being on this side of it. I tried to give helpful feedback. At this stage, I think it is most important to build confidence in our new team members. We should make sure they know the skills to conduct a trial, but they should also believe that they can beat anyone who walks into the room. Attitude and charisma can sway a jury and dominate a trial, at least in my opinion. As Mr. Crump told me when I worked at his firm, "Give the jury popcorn and turn down the lights." A belief in your own abilities is essential to win a trial.
The President of the Mock Trial Team, Christian Cutillo, and the Intramural Chair, Corinne Koeppen, did a fantastic job in organizing the tournament and making sure things ran smoothly. Wayne Hogan, a prominent trial attorney and major benefactor of the law school and the Mock Trial Team, attended the reception and the championship round.
Congratulations to Tara Klimek, an outstanding 2L who won the "Best Advocate" award.
The intramural competition was a lot of fun and an important part of the Mock Trial Team experience. I enjoyed watching all the performances and seeing how hard everyone worked.
Once again, if I have used your name in this blog post and you want me to remove it, just Facebook me.
Until Next Time,
Nathan Marshburn
Friday, February 12, 2010
The Benefits of Making the Mock Trial Team
Next week, the FSU College of Law Mock Trial Team will hold its annual tryouts. The Mock Trial Team is one of what I call the "Big Three" extracurricular activities a student may do while in law school. The other two are Law Review and the Moot Court Team. Being asked to join any of these three groups is a big deal and a significant boost to your resume.
Law Review and the Moot Court Team are somewhat more prestigious than the Mock Trial Team, at least at Florida State Law, but I would argue that the Mock Trial Team is the most practical organization to join in terms of helping you develop skills that you will actually use in practice.
While Moot Court prepares you well for appellate law, this is a relatively small niche. Very few lawyers actually end up doing appeals work.
Mock Trial, on the other hand, prepares you to successfully conduct trials, and there are more job opportunities for trial work (litigation) than most areas of law.
I made the Mock Trial Team in January of last year. From my personal experiences, I can say that being on the team has helped me with my confidence in public speaking and in developing my abilities to persuade others in a courtroom setting. I've gotten great practice in questioning witnesses who will not cooperate and give me the answers I expect, and I've improved my ability to recognize when to object to another lawyer's technique or strategy in the courtroom. This experience has given me a leg up over other students who will be put in a trial setting for the first time in their lives only after they have graduated from law school.
The Mock Trial Team also affords you the opportunity to meet established litigators and judges in the legal community. These individuals come to the law school to coach our team and provide instruction to us on what techniques they believe are effective. They also serve as possible references and employers for you.
As a member of the Mock Trial Team, when I graduate I will have the confidence to walk into any litigation firm in Florida, no matter how large, with a copy of my resume and say, "Hello, my name is Nathan Marshburn. I am a graduate of Florida State Law, and I want to work for you."
I hope by the time that I graduate, I will have the ability to listen to anyone on the street about their possible legal case, make a good decision about whether or not to take the case, and then be able to move the case from start to finish in a trial with a successful outcome. This goal is still a work in progress, and in all likelihood I will need substantial real world experience to reach this level of competency. My work with the Mock Trial Team, however, has moved me toward that goal at a much faster rate.
Even if you do not want to practice in a courtroom, the Mock Trial Team eliminates the fear of other litigators. You learn what we are about, what goes on in a courtroom, and what we can and can't do in front of a jury. So, when the other side threatens to go to trial, there is not so much of the unknown involved. You can make a better business decision for your client.
There are few negatives associated with trying out for the Mock Trial Team. Even if you do not make the team (and most students will not), it is a great challenge and public speaking experience. I encourage all law school students to give this organization a shot.
Universal Health Care Now,
Nathan Marshburn
Law Review and the Moot Court Team are somewhat more prestigious than the Mock Trial Team, at least at Florida State Law, but I would argue that the Mock Trial Team is the most practical organization to join in terms of helping you develop skills that you will actually use in practice.
While Moot Court prepares you well for appellate law, this is a relatively small niche. Very few lawyers actually end up doing appeals work.
Mock Trial, on the other hand, prepares you to successfully conduct trials, and there are more job opportunities for trial work (litigation) than most areas of law.
I made the Mock Trial Team in January of last year. From my personal experiences, I can say that being on the team has helped me with my confidence in public speaking and in developing my abilities to persuade others in a courtroom setting. I've gotten great practice in questioning witnesses who will not cooperate and give me the answers I expect, and I've improved my ability to recognize when to object to another lawyer's technique or strategy in the courtroom. This experience has given me a leg up over other students who will be put in a trial setting for the first time in their lives only after they have graduated from law school.
The Mock Trial Team also affords you the opportunity to meet established litigators and judges in the legal community. These individuals come to the law school to coach our team and provide instruction to us on what techniques they believe are effective. They also serve as possible references and employers for you.
As a member of the Mock Trial Team, when I graduate I will have the confidence to walk into any litigation firm in Florida, no matter how large, with a copy of my resume and say, "Hello, my name is Nathan Marshburn. I am a graduate of Florida State Law, and I want to work for you."
I hope by the time that I graduate, I will have the ability to listen to anyone on the street about their possible legal case, make a good decision about whether or not to take the case, and then be able to move the case from start to finish in a trial with a successful outcome. This goal is still a work in progress, and in all likelihood I will need substantial real world experience to reach this level of competency. My work with the Mock Trial Team, however, has moved me toward that goal at a much faster rate.
Even if you do not want to practice in a courtroom, the Mock Trial Team eliminates the fear of other litigators. You learn what we are about, what goes on in a courtroom, and what we can and can't do in front of a jury. So, when the other side threatens to go to trial, there is not so much of the unknown involved. You can make a better business decision for your client.
There are few negatives associated with trying out for the Mock Trial Team. Even if you do not make the team (and most students will not), it is a great challenge and public speaking experience. I encourage all law school students to give this organization a shot.
Universal Health Care Now,
Nathan Marshburn
Saturday, January 30, 2010
Orlando and a Mock Trial Competition
Last week in Orlando, I competed in my first Mock Trial competition against other schools. During the fall semester, I participated in an intramural competition, and last year at this time I had just completed tryouts for the team.
Overall, I was pleased with my performance. Florida State sent two teams to the competition. Out of 20 overall teams, one of Florida State's made the top four. Unfortunately, my team did not make it that far. It was still a great learning and confidence boosting experience.
Congratulations to Alex Weaver, Bradley Bodiford, Kerven Montfort, and Ryan Hoyle for advancing to the semifinals.
I learned a couple of things by watching these guys in action in the semifinal round: Some Mock Trial members absolutely play better than they practice. These guys really stepped up when it was game time and came through in the clutch. Alex Weaver showed me how you "impeach" a witness to perfection. Ryan and Alex's objections were spot-on as well. They caught the other team in numerous errors.
After it was over, we had an afternoon and an evening to enjoy Orlando before we headed back to school. I'd never been to Disney World before, and so we spent the evening walking around "Downtown Disney."
Disney World is not like I imagined it. The place is larger than many towns, and it has its own highway system similar to an interstate with exits. I expected it to be one large theme park with everything crammed together. On the contrary, though, when we first entered the gates, we drove on roads with nothing around us but trees and open grassland. You had to take separate exits to get to the Magic Kingdom, the Epcot Center, Downtown Disney, etc.
Downtown Disney was all we had time to see. I ate a great dinner at the Rainforest Cafe. The inside of the restaurant was like a jungle with moving animals and hundreds if not thousands of green plants. Every 20 minutes or so, the lights dimmed and we had a "thunderstorm" that stirred up all the animals in the restaurant. The Lego store was also impressive with its huge models of sharks, tranformers and other characters. I was never much into Legos as a kid, but it amused me to see everybody else from the team revert to children and begin playing with the Lego blocks outside the store along with toddlers and infants. Finally, one of our team members said, "Okay, time to stop. That Lego had spit on it."
Orlando is a great town from what I saw of it. It is the Florida that I envisioned upon being accepted to Florida State Law- a big sky with sunny humidity. We walked around in shorts and t-shirts at night. Though I have no complaints about Tallahassee, Florida's capital is more like south Georgia, Alabama, and Mississippi than Orlando or Tampa or Miami. Tallahassee is the Deep South, with huge magnolia and oak trees covered in Spanish moss. Orlando, on the other hand, is a brightly colored, sunshine-lit playground for kids and adults from all over the country.
I enjoyed Orlando and the competition. It was both a fun and useful trip. Making the Mock Trial team and being able to obtain experiences like this is one of the best things to happen to me since I've come to Florida State Law.
Universal Health Care Now,
Nathan Marshburn
Overall, I was pleased with my performance. Florida State sent two teams to the competition. Out of 20 overall teams, one of Florida State's made the top four. Unfortunately, my team did not make it that far. It was still a great learning and confidence boosting experience.
Congratulations to Alex Weaver, Bradley Bodiford, Kerven Montfort, and Ryan Hoyle for advancing to the semifinals.
I learned a couple of things by watching these guys in action in the semifinal round: Some Mock Trial members absolutely play better than they practice. These guys really stepped up when it was game time and came through in the clutch. Alex Weaver showed me how you "impeach" a witness to perfection. Ryan and Alex's objections were spot-on as well. They caught the other team in numerous errors.
After it was over, we had an afternoon and an evening to enjoy Orlando before we headed back to school. I'd never been to Disney World before, and so we spent the evening walking around "Downtown Disney."
Disney World is not like I imagined it. The place is larger than many towns, and it has its own highway system similar to an interstate with exits. I expected it to be one large theme park with everything crammed together. On the contrary, though, when we first entered the gates, we drove on roads with nothing around us but trees and open grassland. You had to take separate exits to get to the Magic Kingdom, the Epcot Center, Downtown Disney, etc.
Downtown Disney was all we had time to see. I ate a great dinner at the Rainforest Cafe. The inside of the restaurant was like a jungle with moving animals and hundreds if not thousands of green plants. Every 20 minutes or so, the lights dimmed and we had a "thunderstorm" that stirred up all the animals in the restaurant. The Lego store was also impressive with its huge models of sharks, tranformers and other characters. I was never much into Legos as a kid, but it amused me to see everybody else from the team revert to children and begin playing with the Lego blocks outside the store along with toddlers and infants. Finally, one of our team members said, "Okay, time to stop. That Lego had spit on it."
Orlando is a great town from what I saw of it. It is the Florida that I envisioned upon being accepted to Florida State Law- a big sky with sunny humidity. We walked around in shorts and t-shirts at night. Though I have no complaints about Tallahassee, Florida's capital is more like south Georgia, Alabama, and Mississippi than Orlando or Tampa or Miami. Tallahassee is the Deep South, with huge magnolia and oak trees covered in Spanish moss. Orlando, on the other hand, is a brightly colored, sunshine-lit playground for kids and adults from all over the country.
I enjoyed Orlando and the competition. It was both a fun and useful trip. Making the Mock Trial team and being able to obtain experiences like this is one of the best things to happen to me since I've come to Florida State Law.
Universal Health Care Now,
Nathan Marshburn
Saturday, September 26, 2009
The Mock Trial Team Intramural Competition
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
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
Saturday, September 5, 2009
A Fringe Benefit of Being on the Mock Trial Team
Despite what I wrote in my last entry, this week saw me land my first (and hopefully not my last) On Campus Interview (OCI).
I know exactly why I got in, too. The interviewing partner was a Mock Trial Team member when he attended Florida State Law, and he said that he makes an effort to at least give an interview to members of the Mock Trial Team who apply with his firm when he comes to the campus.
I'm very appreciative for the opportunity. Things went well, and we had a pleasant conversation about the firm and my activities. A lot of qualified people interviewed with that firm yesterday, though. I won't get my hopes up that I made the next step, which we would be a call-back interview. At that stage, the firm flies you to their main office to meet with more attorneys and partners.
The weather is beautiful this weekend in Tallahassee. Miami is coming to town to play us in football on Labor Day. I have a ticket to the game, and I will join my colleagues for the tailgating festivities. I am also looking forward to a slip n' slide house party on Lake Bradford tomorrow. My friends there have a great Weimaraner that is fun to play with.
***
No one should die because they cannot afford health care, and no one should go broke because they get sick. Universal Health Care Now,
Nathan Marshburn
I know exactly why I got in, too. The interviewing partner was a Mock Trial Team member when he attended Florida State Law, and he said that he makes an effort to at least give an interview to members of the Mock Trial Team who apply with his firm when he comes to the campus.
I'm very appreciative for the opportunity. Things went well, and we had a pleasant conversation about the firm and my activities. A lot of qualified people interviewed with that firm yesterday, though. I won't get my hopes up that I made the next step, which we would be a call-back interview. At that stage, the firm flies you to their main office to meet with more attorneys and partners.
The weather is beautiful this weekend in Tallahassee. Miami is coming to town to play us in football on Labor Day. I have a ticket to the game, and I will join my colleagues for the tailgating festivities. I am also looking forward to a slip n' slide house party on Lake Bradford tomorrow. My friends there have a great Weimaraner that is fun to play with.
***
No one should die because they cannot afford health care, and no one should go broke because they get sick. Universal Health Care Now,
Nathan Marshburn
Saturday, August 8, 2009
The Coming Workout
Classes begin again August 24th, or about two weeks from now. I am looking forward to the start of law school. Though I enjoyed my first year, I will probably enjoy my second year even more.
This is because a lot of the pressure is now off of me. I've got a pretty good GPA and class rank and am in no danger of failing out of law school. My clerkship this summer with Parks & Crump has added to my confidence in my abilities to be a trial lawyer, to find a job, and possibly to open my own practice.
Even if I don't "grade into a job" through the On Campus Interview process, I have the tools to network and market myself. I will demonstrate to a law firm that I can bring value. I will find a job.
This year, my second year of law school, will be about networking and polishing my skills as a trial lawyer. I will work just as hard as I did during my first year-- only in different areas. The Mock Trial Team will receive a lot of my time. Frankly, I plan to spend a lot of time socializing as well with organizations such as The Young Lawyers Division. I feel much more relaxed this year, and I will try to find time for more Student Bar Association functions and perhaps intramural sports.
Still, this year will be a workout. Getting up in front of a group and making a presentation is no easy feat for me. The Mock Trial Team will require this, as well as the ability to think on my feet during a cross examination of a witness. Doing well in such venues demands an enormous amount of preparation and energy. I have to be willing to fail, to flop in front of an audience, suffer embarrassment, and then gather myself and go again. A few years ago I could not have handled this. It wasn't until I moved to Las Vegas and became a car salesman that I began to attain the confidence and the skills that I will use as a trial lawyer. But I seriously doubt it will ever be easy for me. There will always be times when I stumble, no matter how much I practice. It stings to stumble. And this year, it will be one challenge after another in the arena.
But I am the man in the arena, now. More than at any other time in my life, I am running my own life. Perhaps a psychologist would say that I am a self actualizing person. And while I understand that chance or fate or whatever could suddenly come down without warning and slam me with a crippling blow or even death, I think that I've latched on to the best way, the best philosophy to navigate this existence.
This year will be quite a workout, but it is the best way for me to go.
***
Write your Congressman, tell him or her your health care story, and ask them to get behind President Obama's health care plan,
Nathan Marshburn
This is because a lot of the pressure is now off of me. I've got a pretty good GPA and class rank and am in no danger of failing out of law school. My clerkship this summer with Parks & Crump has added to my confidence in my abilities to be a trial lawyer, to find a job, and possibly to open my own practice.
Even if I don't "grade into a job" through the On Campus Interview process, I have the tools to network and market myself. I will demonstrate to a law firm that I can bring value. I will find a job.
This year, my second year of law school, will be about networking and polishing my skills as a trial lawyer. I will work just as hard as I did during my first year-- only in different areas. The Mock Trial Team will receive a lot of my time. Frankly, I plan to spend a lot of time socializing as well with organizations such as The Young Lawyers Division. I feel much more relaxed this year, and I will try to find time for more Student Bar Association functions and perhaps intramural sports.
Still, this year will be a workout. Getting up in front of a group and making a presentation is no easy feat for me. The Mock Trial Team will require this, as well as the ability to think on my feet during a cross examination of a witness. Doing well in such venues demands an enormous amount of preparation and energy. I have to be willing to fail, to flop in front of an audience, suffer embarrassment, and then gather myself and go again. A few years ago I could not have handled this. It wasn't until I moved to Las Vegas and became a car salesman that I began to attain the confidence and the skills that I will use as a trial lawyer. But I seriously doubt it will ever be easy for me. There will always be times when I stumble, no matter how much I practice. It stings to stumble. And this year, it will be one challenge after another in the arena.
But I am the man in the arena, now. More than at any other time in my life, I am running my own life. Perhaps a psychologist would say that I am a self actualizing person. And while I understand that chance or fate or whatever could suddenly come down without warning and slam me with a crippling blow or even death, I think that I've latched on to the best way, the best philosophy to navigate this existence.
This year will be quite a workout, but it is the best way for me to go.
***
Write your Congressman, tell him or her your health care story, and ask them to get behind President Obama's health care plan,
Nathan Marshburn
Saturday, May 9, 2009
Pinching Myself
About three weeks ago, the Mock Trial Team had its annual end of the year banquet. I dined on a gourmet meal while listening to a prominent trial attorney from Pensacola speak about what it takes to be successful in the courtroom. There were lots of beautiful women there, and everyone was dressed nicely.
I couldn't help but think that this time three years ago- 2006, I was slaving away for the Post Office in Washington, DC. I remember looking at my watch during the Mock Trial banquet and thinking, yep, about now the evening supervisor would be calling me to see how much more mail I had to deliver. I'd request backup, which may or may not come.
It was rare that I was off the street before 10 pm. More than once, I was on the street delivering mail past midnight. I weighed 155 pounds when I started the job. When I decided that a career with the Post Office was not the best choice, I weighed 135 pounds.
I could write a whole series of blogs about my experiences with the Post Office. The job was rough. Don't get me wrong- there were a lot of great people who helped me out in DC, but the starkness of how difficult my existence was in 2006 compared to where I am now is amazing.
It feels like a dream, sometimes. I mean, imagine waking up at 5 am on what was supposed to be your day off to a phone call from your boss telling you to come in and get a mail route ready to go as soon as possible, or in the alternative waking up in Florida without an alarm clock and getting ready to go to class and social events like this banquet.
It almost makes me nervous- like this is a dream. I'll wake up and find out that I still work for the Post Office and that I have a 12 hour day ahead of me of lifting crates of mail in freezing rain.
Life can be pretty bad, sometimes. But being a student at FSU College of Law is pretty good. There are lots of people who would trade places with me- while there are very few people with whom I would trade places. Honestly, I'm probably in the top 1% of the world's population in terms of general happiness with my life.
Happiness is a fragile thing in any person's life, though. I'll ride this wave for as long as I can.
Until Next Time,
Nathan Marshburn
I couldn't help but think that this time three years ago- 2006, I was slaving away for the Post Office in Washington, DC. I remember looking at my watch during the Mock Trial banquet and thinking, yep, about now the evening supervisor would be calling me to see how much more mail I had to deliver. I'd request backup, which may or may not come.
It was rare that I was off the street before 10 pm. More than once, I was on the street delivering mail past midnight. I weighed 155 pounds when I started the job. When I decided that a career with the Post Office was not the best choice, I weighed 135 pounds.
I could write a whole series of blogs about my experiences with the Post Office. The job was rough. Don't get me wrong- there were a lot of great people who helped me out in DC, but the starkness of how difficult my existence was in 2006 compared to where I am now is amazing.
It feels like a dream, sometimes. I mean, imagine waking up at 5 am on what was supposed to be your day off to a phone call from your boss telling you to come in and get a mail route ready to go as soon as possible, or in the alternative waking up in Florida without an alarm clock and getting ready to go to class and social events like this banquet.
It almost makes me nervous- like this is a dream. I'll wake up and find out that I still work for the Post Office and that I have a 12 hour day ahead of me of lifting crates of mail in freezing rain.
Life can be pretty bad, sometimes. But being a student at FSU College of Law is pretty good. There are lots of people who would trade places with me- while there are very few people with whom I would trade places. Honestly, I'm probably in the top 1% of the world's population in terms of general happiness with my life.
Happiness is a fragile thing in any person's life, though. I'll ride this wave for as long as I can.
Until Next Time,
Nathan Marshburn
Wednesday, February 25, 2009
Mock Trial and Mock Interviews
This past weekend, Florida State College of Law hosted the Southeast Regional of the Texas Young Lawyers Association (TYLA) competition. 22 teams came in for the event, and two advanced to the National Finals in San Antonio- Samford University and Ole Miss.
The Mock Trial team's faculty advisor, Ruth Stone and the team president, Gennifer Powell, both visibly worked hard to make everything run smoothly. I'm sure there were others on the team behind the scenes who also worked to make this a success.
I volunteered for all the rounds and received the opportunity to be a bailiff/timekeeper for most of the competition, including the championship round. The teams' methods were fascinating, and I learned a lot by watching their styles and interaction with the judges.
So, the weekend was extremely busy. I was at the Leon County Courthouse late Friday evening and at 8 am on Saturday and Sunday, working all day.
Then on Monday, FSU College of Law hosted the Board of Visitors. The board consists mainly of prominent College of Law alumni who are actively involved with the law school. As part of the event, I participated in fictional five minute job interviews with the board members. It was a great learning experience, and hopefully I made a good impression.
I dressed in a grey suit with a black dress shirt and red tie for the event. One of the things I learned, however, is that I should always wear a white dress shirt. As one trial lawyer told me, a white dress shirt indicates that you are part of the profession. Once you become known in the community and in the courts, he said, then you can wear a colored shirt- but even then the collar always has to be white.
The lawyer said he did not like this restriction because he thought of himself as a maverick, but he told me that I must always remember that this profession is a conservative one.
A great thing about FSU College of Law is the number of opportunities and experiences relevant to a legal career that are presented to you here- if you are willing to work hard, hustle and prepare yourself when such chances come around.
Until Next Time,
Nathan Marshburn
The Mock Trial team's faculty advisor, Ruth Stone and the team president, Gennifer Powell, both visibly worked hard to make everything run smoothly. I'm sure there were others on the team behind the scenes who also worked to make this a success.
I volunteered for all the rounds and received the opportunity to be a bailiff/timekeeper for most of the competition, including the championship round. The teams' methods were fascinating, and I learned a lot by watching their styles and interaction with the judges.
So, the weekend was extremely busy. I was at the Leon County Courthouse late Friday evening and at 8 am on Saturday and Sunday, working all day.
Then on Monday, FSU College of Law hosted the Board of Visitors. The board consists mainly of prominent College of Law alumni who are actively involved with the law school. As part of the event, I participated in fictional five minute job interviews with the board members. It was a great learning experience, and hopefully I made a good impression.
I dressed in a grey suit with a black dress shirt and red tie for the event. One of the things I learned, however, is that I should always wear a white dress shirt. As one trial lawyer told me, a white dress shirt indicates that you are part of the profession. Once you become known in the community and in the courts, he said, then you can wear a colored shirt- but even then the collar always has to be white.
The lawyer said he did not like this restriction because he thought of himself as a maverick, but he told me that I must always remember that this profession is a conservative one.
A great thing about FSU College of Law is the number of opportunities and experiences relevant to a legal career that are presented to you here- if you are willing to work hard, hustle and prepare yourself when such chances come around.
Until Next Time,
Nathan Marshburn
Tuesday, February 10, 2009
Where the Current Takes Me
... I suppose I have to get back to writing about law school. I won't forget Uncle Ray. But onward with life...
Law school is competitive.
I've said that before, and I will surely say it again.
Making the Mock Trial Team was important in distinguishing myself from the crowd a little. Members of the Mock Trial Team are designated for special training as litigators. The "honeymoon" has been quite nice, with both professors and students congratulating me. It felt really good to be Nathan Marshburn on the night that I got the call. I was out at Potbelly's club enjoying a social with other law school classmates. That call was the single best moment of my law school career thus far. Girls wanted to dance with me. My friends wanted to buy me drinks. It felt good to be "cool" for a while.
And it has started me thinking in a new way about my career. I enjoy all of my law school classes. Contracts is my favorite subject, though Property is a close second. I like the absence of moral judgement in contract law. To paraphrase my professor, contract law recognizes people are greedy, and good contract law is about letting them be greedy but harnessing the greed for economic efficiency.
Something about the purity of that exercise appeals to me.
However, there are a lot of people who like contracts here. I spoke with a girl in my class a few days ago who really wants to do something with contracts in her career. She is quiet in class, but she is also one of the few people who had a higher score than me on the contracts exam last semester. She graduated from her undergraduate institution with a 4.0 GPA.
If people like her want to do contract law- not to mention the legions of lawyers coming out of the top private schools in the country- then I'm in for a challenge in landing a top job doing that.
My conversation with her was illuminating, though. She congratulated me on making the Mock Trial Team, and said that she had no desire to be in the courtroom. She is thinking more along the lines of in-house counsel for a corporation. Of trial lawyers, she said, "I could never be a shark."
Trial law or litigation is where I might be able to carve a niche for myself. One of my professors told me that only 20% of lawyers practice in the courtroom. Many bright students at FSU College of Law want nothing to do with litigation. I think I would be good at it, though. In an ideal world, personal injury litigation is not what I would like to do (and certainly not medical malpractice). But I really think that type of work would be right up my alley.
Law school is so competitive that there is not much room for experimentation. I need to find something I'm good at and then focus on getting better at it. Job interviews are just around the corner. My experience in the Mock Trial tryouts was a positive one. Sure, I made the choice to tryout for the Mock Trial team and sure, I'll have some choice on what type of jobs I seek. The current seems to be nudging me toward litigation, though. At this point and time in my life, I don't feel like fighting the current if it is taking me to a place where I will be competent and successful. We'll see.
Until Next Time,
Nathan Marshburn
Law school is competitive.
I've said that before, and I will surely say it again.
Making the Mock Trial Team was important in distinguishing myself from the crowd a little. Members of the Mock Trial Team are designated for special training as litigators. The "honeymoon" has been quite nice, with both professors and students congratulating me. It felt really good to be Nathan Marshburn on the night that I got the call. I was out at Potbelly's club enjoying a social with other law school classmates. That call was the single best moment of my law school career thus far. Girls wanted to dance with me. My friends wanted to buy me drinks. It felt good to be "cool" for a while.
And it has started me thinking in a new way about my career. I enjoy all of my law school classes. Contracts is my favorite subject, though Property is a close second. I like the absence of moral judgement in contract law. To paraphrase my professor, contract law recognizes people are greedy, and good contract law is about letting them be greedy but harnessing the greed for economic efficiency.
Something about the purity of that exercise appeals to me.
However, there are a lot of people who like contracts here. I spoke with a girl in my class a few days ago who really wants to do something with contracts in her career. She is quiet in class, but she is also one of the few people who had a higher score than me on the contracts exam last semester. She graduated from her undergraduate institution with a 4.0 GPA.
If people like her want to do contract law- not to mention the legions of lawyers coming out of the top private schools in the country- then I'm in for a challenge in landing a top job doing that.
My conversation with her was illuminating, though. She congratulated me on making the Mock Trial Team, and said that she had no desire to be in the courtroom. She is thinking more along the lines of in-house counsel for a corporation. Of trial lawyers, she said, "I could never be a shark."
Trial law or litigation is where I might be able to carve a niche for myself. One of my professors told me that only 20% of lawyers practice in the courtroom. Many bright students at FSU College of Law want nothing to do with litigation. I think I would be good at it, though. In an ideal world, personal injury litigation is not what I would like to do (and certainly not medical malpractice). But I really think that type of work would be right up my alley.
Law school is so competitive that there is not much room for experimentation. I need to find something I'm good at and then focus on getting better at it. Job interviews are just around the corner. My experience in the Mock Trial tryouts was a positive one. Sure, I made the choice to tryout for the Mock Trial team and sure, I'll have some choice on what type of jobs I seek. The current seems to be nudging me toward litigation, though. At this point and time in my life, I don't feel like fighting the current if it is taking me to a place where I will be competent and successful. We'll see.
Until Next Time,
Nathan Marshburn
Saturday, January 31, 2009
This Feels Good
I made the Mock Trial team!
This is the extra-curricular activity that I wanted more than any other, and it is the high-light of my law school career thus far.
The final round was pretty intense. The courtroom was full for the closing argument, and there were lots of people in the jury box whom I did not know.
I feel so sorry for the people who got cut in this last round. I saw some of them tonight at a social. One guy was standing right beside me when I got the call to say that I was on the team. He never got the call, but he accepted it as good naturedly as one could do it. He is a nice guy, and I wish he had made the team with me.
Mock Trial is my pony, now. I intend to focus on it and my grades to propel me to a nice job.
Until Next Time,
Nathan Marshburn
This is the extra-curricular activity that I wanted more than any other, and it is the high-light of my law school career thus far.
The final round was pretty intense. The courtroom was full for the closing argument, and there were lots of people in the jury box whom I did not know.
I feel so sorry for the people who got cut in this last round. I saw some of them tonight at a social. One guy was standing right beside me when I got the call to say that I was on the team. He never got the call, but he accepted it as good naturedly as one could do it. He is a nice guy, and I wish he had made the team with me.
Mock Trial is my pony, now. I intend to focus on it and my grades to propel me to a nice job.
Until Next Time,
Nathan Marshburn
Friday, January 30, 2009
The Importance of Knowledge
Right now I'm in a suit, waiting to resume practicing for the final round of Mock Trial. 88 people initially signed up for the tryouts. They cut us down to 32 last night. I've made the last 32, but we have one more cut to go after tonight. They'll slice us in half again, and the remaining people will be the new Mock Trial class.
I got kicked out of the courtroom where I was practicing for a while so that they could set it up for the competition tonight. We'll see what happens.
As I become further immersed in law school, I'm beginning to understand my role as a lawyer a bit more.
We are facilitators, plain and simple. Life is hard and often messy. A good lawyer can help people out when things don't go the way they are supposed to. Lawyers learn the rules of government and the rules of how members of a civilized society should interact with each other. When a rough patch arises, a good lawyer can show you a few tricks to make things work out in your favor a little better. In our roles as facilitators, it is especially important for us to be civil and courteous our own selves. We will have to set the example and run the negotiation between two disagreeing parties.
The importance of this knowledge was brought home to me earlier this week. On Tuesday, I awoke to find that my apartment was beginning to flood. I quickly ascertained that the water heater had sprung a leak. I called maintenance, and they replaced the water heater that same day.
On Wednesday, however, the water heater stopped working.
I was forced to take a couple of cold showers before the maintenance office opened again. I was also obligated to apologize to my neighbor for the yelps, shouts and bad words that I let fly when I dived under the freezing needles of water on a cold Thursday morning.
She responded by saying, "Yeah, I was wondering what was going on with you."
When I called maintenance, they told me to just flip the circuit breaker off and on. I did this, and the problem was solved.
There are things that I am learning in law school that will solve problems for people just as easily as the hot water problem was solved for me.
I'm trying my best to pay attention in my classes and take it all in.
Until Next Time,
Nathan Marshburn
I got kicked out of the courtroom where I was practicing for a while so that they could set it up for the competition tonight. We'll see what happens.
As I become further immersed in law school, I'm beginning to understand my role as a lawyer a bit more.
We are facilitators, plain and simple. Life is hard and often messy. A good lawyer can help people out when things don't go the way they are supposed to. Lawyers learn the rules of government and the rules of how members of a civilized society should interact with each other. When a rough patch arises, a good lawyer can show you a few tricks to make things work out in your favor a little better. In our roles as facilitators, it is especially important for us to be civil and courteous our own selves. We will have to set the example and run the negotiation between two disagreeing parties.
The importance of this knowledge was brought home to me earlier this week. On Tuesday, I awoke to find that my apartment was beginning to flood. I quickly ascertained that the water heater had sprung a leak. I called maintenance, and they replaced the water heater that same day.
On Wednesday, however, the water heater stopped working.
I was forced to take a couple of cold showers before the maintenance office opened again. I was also obligated to apologize to my neighbor for the yelps, shouts and bad words that I let fly when I dived under the freezing needles of water on a cold Thursday morning.
She responded by saying, "Yeah, I was wondering what was going on with you."
When I called maintenance, they told me to just flip the circuit breaker off and on. I did this, and the problem was solved.
There are things that I am learning in law school that will solve problems for people just as easily as the hot water problem was solved for me.
I'm trying my best to pay attention in my classes and take it all in.
Until Next Time,
Nathan Marshburn
Friday, January 23, 2009
Mock Trial
Now comes my first competition of law school- other than grades.
Mock Trial tryouts are next week. We received our fictional case packets a couple of days ago. I have to write a motion to the court as my entry into the contest, and then on Wednesday evening I will give an opening argument. On Thursday, I cross-examine a witness. If I make it to the final round on Friday, then I perform a closing argument for the opposite party.
It should be interesting- as well as nerve racking. Hopefully, I'll be able to keep my voice and thoughts steady. The judges will be local attorneys, professors, and members of the Mock Trial team.
Even if I don't make the team, it should be a great "thrown into the deep end" experience. I have to go through with this, and I have to get good at it if I'm going to be representing real people with real problems in a couple of years.
Until Next Time,
Nathan Marshburn
Mock Trial tryouts are next week. We received our fictional case packets a couple of days ago. I have to write a motion to the court as my entry into the contest, and then on Wednesday evening I will give an opening argument. On Thursday, I cross-examine a witness. If I make it to the final round on Friday, then I perform a closing argument for the opposite party.
It should be interesting- as well as nerve racking. Hopefully, I'll be able to keep my voice and thoughts steady. The judges will be local attorneys, professors, and members of the Mock Trial team.
Even if I don't make the team, it should be a great "thrown into the deep end" experience. I have to go through with this, and I have to get good at it if I'm going to be representing real people with real problems in a couple of years.
Until Next Time,
Nathan Marshburn
Subscribe to:
Posts (Atom)