How to State Your Appearance on Behalf of Your Client in a Law School Course That: (A)

How to state your appearance on behalf of your client―in a law school course that: (a) approximates the daily practice of law in the courts; (b) develops your poise, so that you hit the (practice) ground, feet runnin;’ and (c) preparesyou for CA Civ Pro testing on the CA Bar Exam. Of all 50 states, CA differs the most from fed civ pro, although the packaging (timeline) is the same as your prior procedure course. The differences between state and federal civ pro are what the CA Bar expressly emphasizes.

PRE-ARGUMENT:

Be sure to identify whom you represent, when preparing your argument. Clear this with your adversary. You are arguing in the original trial court proceedings, not the appellate court. (Avoid thinking in terms of “appellant” and “respondent.”) You are representing either the original P & original D. The case name often fails to answer the question of who sued whom—especially when it’s “Umpty Scruntch v. Superior Court.”For the few criminal cases, the People of the State of CA = the “plaintiff.” We’ve edited the cases to give you enough to figure out who’s who. If not, there’s always Westlaw/Lexis.

I will begin each moot by asking counsel to “State your appearances for the record” (aka your invitation to come to the respective lecterns). For various assignments, the “Prof” will present—either from his/her seat or a lectern—and will provide the gist of the case or assigned Note. In practice, the moving party (or appellant) speaks first. But to retain your sanity, P’s counsel―who stands at the lectern on the class’s leftwill normally speak first. D’s atty will stand at the other, smaller lectern.
ARGUMENT(after first announcing your appearances):

(1) P will give a neutral, spin-free30-second summary of the facts (not your ensuing argument).
(2) D will then be asked to frame the issue—followed by P’s agreement/disagreement with the issue as stated by D’s atty. When the parties agree (there may be more than one issue), then:
(3) P will give an up to 2-minute maximum argument advocating P’s position. (The judge may have questions—designed to tease out the “gist.”)

(4) D will give an up to 2-minute maximum argument advocating D’s opposition. (The judge may have questions—designed to tease out the “gist.”)
(5) P will normally be given an opportunity to rebut.
(6) D will normally be given an opportunity to rebut P’s rebuttal argument (if any).
(7) The judge (ProSlo)mayask the class whether anyone has Qs for parties.
(8) The attorneys will be asked to state the rule of law to be drawn from the case.
(9) The court will then thank & excuse the attorneys, whereafter they can return to their seats.
(10) The judgemay then have Qs for the class—designed to tease out the “gist” of the assignment.

CAVEATS:

Have a buddy system starting on Day Two, to cover your client in the event that you—for any reason—cannot present. I need not be notified until just before class, re any substitution of counsel. Althoughearlier notice is appreciated, it is not required. The trial judge normally does not care who is representing the respective parties.
Notify me by the end of class on the Wednesday before the following week if you will be absent on either day of the following week. I will normally send everyone their assigned cases/problems via e-mail, on the Thursday of the week before you are assigned to argue.
Once the court makes its e-mail assignments, you cannot contact the judge to seek a substitution of counsel, because that would be an ex parte communication with the court. So like the real world, have a buddy system in place.

Last rev: 08/13/16