Suggestions for Attorney Coaches
This outline will provide you with some suggested guidelines for
use in preparing your student attorneys and witnesses for the mock
trial competition.
Much as you will want to help the students, to point them in the
right direction, and to give them the benefit of your experience,
remember that the students and teachers will develop a better
understanding of the case and learn more from the experience if the
attorney-advisors do not dominate the preparation phase of the
competition. The preparation phase of the contest is intended to be
a cooperative effort of students, teacher and attorney coach.
Avoid (even the appearance of) "talking down" to students and/or
stifling discussion through the use of complicated
"legalese."
SUGGESTED PREPARATION TIME: At least five or six 2-hour sessions
before first trial date
SUGGESTED MEETING PLACE: Meetings can take place at the school or
at a home or office. If possible, one meeting should take place in
a local courtroom to help students feel comfortable in a courtroom
setting.
PROPS: Easel or blackboard for visual aids in explaining trial
procedure concepts.
First
Session
- If teacher has not already done so prior to the first meeting,
distribute case materials and instruct the team to read them before
the next meeting.
- Explain trial procedures, i.e., opening statements and closing
arguments, voir dire, direct and cross-examination, calling
witnesses, objections (e.g., hearsay, improper foundation, leading
the witness).
- Review the Simplified Rules of Evidence included in the case
materials.
Second
Session
- Examine and discuss the factual basis of the case, witnesses'
testimony, and the points for each side. Key information might be
listed on the blackboard as discussion proceeds so that it can be
referred to at some later time. Categorize facts: important,
damaging, conflicting.
- Discuss the law involved in the case and the burden of
proof.
- Put the students on the stand with the notes, then have the
attorney coach proceed with an example of direct and
cross-examinations.
- Define the roles of the team members, establishing who will act
as witnesses and attorneys. Since each team is required to
represent both sides of the case during the competition, all roles
in the case should be assigned and practiced.
- Emphasize that team members should not memorize their roles
since, in a real trial, they would have to play it by ear. Rather
than memorizing his/her role(s), each student should concentrate on
knowing all the facts of the case.
Third
Session
- Go through the trial:
- Work with the student attorneys, concentrating on what should
be covered in an opening statement and a closing argument.
- Remember that the role of the attorney coach is that of a
consultant, not an author. Give the students ideas, but don't write
statements for them. Ask other members of the team what they think
should be included in the opening and closing.
- Witnesses are called to the stand and student attorneys examine
them. Work with students to develop questioning techniques that
will elicit testimony to support either side of the case.
- Have other team members make suggestions, to both witnesses and
attorneys.
- Have attorneys practice making objections, and discuss both
style and substance of objections thoroughly.
Subsequent
Sessions
- Conduct cross-examination and define possible areas where
objections could occur; look for other areas that your team's
attorneys might want to focus on during cross-examination; have all
team members make suggestions.
- Practice opening statement and closing argument, how to lay
foundation for exhibits, what to do when the opposing team objects
to your questions.
- Discuss appropriate courtroom decorum and etiquette.
Final
Session
- Have at least one practice run of the entire trial. Allow team
members, attorney coach(es), and the teacher coach(es) to act as
the presiding judges and the opposing team's attorneys.
- Enlist the support of community members, especially attorneys
or judges, to sit in and offer suggestions.
REMEMBER THAT TEAMS MUST PREPARE BOTH SIDES OF THE
CASE.