Basic Principles of Effective Trial Advocacy

Basic Principles of Effective Trial Advocacy Keep it…

1. Brief and to the point. Long-winded lawyers are boring. 2. Positive. Emphasize the strengths of your case rather than the weaknesses of your opponent’s (unless you are cross examining). Take a firm stand and stick to it. 3. Clear about what you want. If you want the jury to award $2 million dollars, ask them for it. 4. Simple. Concentrate on the 5-10 most important facts of the case. This focuses the jury on what YOU want them to see.

Provide…

1. Details and facts. Give specific facts and evidence that supports you main argument. 2. Motives. Explain why someone would act in a particular way. Ask witnesses how they know information to either support your argument or plant doubt during a cross examination. 3. A strong start and finish. First impressions are important. This is why the opening and closing statements are so important, they focus the jury on something you especially want them to consider or remember. 4. Information in “threes.” The baby didn’t just die, he suffocated, turned blue, and died. This technique reinforces your message to the jury. 5. Illustrations. Visual aids help the jury stay focused and reinforces your argument. Sometimes all the speaking can bore the jury. 6. Personality. Use language carefully to personalize your client or depersonalize your opponent. Also, choose your words carefully. For example, suppose your client was being sued by a doctor who got a dent in his Mercedes. Think about whether what happened was an accident, a wreck, a rear-end collision, or melee. It doesn’t matter if you describe the event as “horrible” or “tragic.” What is key is that you say it was an “accident.” 7. Professionalism. Juries do not respond to lawyers who are disrespectful or do not follow the rules. Address the judge as “your honor” and all witnesses by their last names.

Summary of Allowable Mock Trial Objections

Objections Overruled: disagree with objection, question can be answered Objections Sustained: agree with objection, question cannot be answered

1. Irrelevant to case: The facts stated have nothing to do with the charges filed or case. Phrasing: "Objection, Your Honor. This testimony is not relevant to the facts of this case.”

3. Lack of foundation: There has been no evidence given showing that this witness or evidence has anything to do with this case. Phrasing: "Objection, Your Honor. There is a lack of foundation."

4. Witness lack of knowledge: This witness was not there or has no direct knowledge to answer question. Phrasing: "Objection your honor. The witness has no personal knowledge to answer that question."

5. Character Evaluation: The Question asks the witness to comment on the character of someone Phrasing: "Objection, Your Honor. Character is not an issue here." 6. Opinion or Speculation: The question asks the witness to state an opinion or to give other alternatives Phrasing: "Objection, Your Honor. Speculation. I move that the testimony be stricken from the case."

7. Hearsay: The witness is restating what someone else told him/her and that person was not the accused. Rumor, gossip or second hand information. Phrasing: "Objection, Your Honor. Counsel's question calls for hearsay."

8. Leading the Witness: The attorney is asking questions that suggest a “Correct” answer or gives the witness ideas and puts words in their mouth. Phrasing: "Objection, Your Honor. Counsel is leading the witness."

9. Argumentative: The attorney is arguing with the witness Phrasing: "Objection, Your Honor. Counsel is being argumentative," or "Objection, Your Honor. Counsel is badgering the witness.

10. Asked and answered: The same question has already been asked and answered of this witness. Phrasing: "Objection, Your Honor. This question has been asked and answered."

11. Compound Question: The question has multiple parts. Phrasing: "Objection, Your Honor, on the ground that this is a compound question."

12. Non responsive: The witness is not answering the question. Phrasing: "Objection, Your Honor. The witness is being nonresponsive."

13. Exceeding the time limit: The attorney has taken too much time Phrasing: "Objection. Counsel is out of time Your Honor." (Note: The presiding judge may allow the team to finish).

Introduction of Physical Evidence

STEP 1: Ask the judge to enter the item into evidence before you discuss it with the witness "Your honor, I ask that this be marked for identification as Prosecution/Defense Exhibit (A) (Show the document and hand it to the bailiff for marking.)

STEP 2: Show the document to opposing counsel, who can make an objection to the offering.

STEP 3: Show the document to the witness "(witness name), do you recognize this document which is marked Prosecution (or Defense) Exhibit (A)?" (The witness should say "yes" and then identify the document.) At this point, the attorney may proceed to ask the witness a series of questions about the exhibit to show its relevance to the case.

STEP 4: Place the document into evidence. Say, "Your honor, I offer this document for admission into evidence as Prosecution (or Defense) Exhibit ."

STEP 5: Hand the document to the judge if it is admitted.

STEP 6:Ask permission from the judge to show the document to the jury. If permission is granted, then give the members of the jury a copy (optional).