Washington & Lee University School of Law
Mock Trial Strategies
By Matthew Baker and Chaz Klaes
Preparation
After receiving the problem, each participant should read of it several times. In order to effectively create a case theory, construct cross and direct examinations, and zealously represent your client to the judge and jury, each participant MUST be familiar with all relevant law, witness statements and the evidence. As you do this review you should consider a THEME, a catchphrase, and/or THEORY, a simple explanation of the events, through which you will tell your client’s story.
The MOST important thing a team can do to prepare is to practice teamwork. This begins as soon as they read the problem. Within the first few days, the teammates should schedule a meeting to discuss the problem. At this meeting you should do two things: (1) start creating a case theme; (2) DIVIDE UP THE WORK. A mock trial problem is too big and there is too much information for one partner to be stuck with the work, both participants need to do their share. The team should divide up who is going to cross/direct each witness, and who is going to do opens/closes. After this meeting, get to work. START WORKING EARLY—MOCK TRIAL REQUIRES PRACTICE AND REVISIONS.
When you are writing direct examinations, YOU are NOT the show. You want to write questions that are open ended and broad. You want the WITNESS to be the focus. You want to ask WHO, WHAT, WHERE, WHEN, WHY questions and fade to the background as the WITNESS paints the picture for the jury.
When you are writing the cross examination, YOU want to turn all of the jury’s focus away from the witness. You want to write SHORT/CHOPPY questions. Preferably, you only want YES or NO answers. Do NOT ask a question that you do not already know the answer to. Typically you want to mark on the witness statements where the question/answer is coming from. That prevents you from asking ONE TOO MANY questions, and the one that can ruin your case. NEVER, ask a witness WHY on cross examination. You want to position yourself to where the witness does not look at the jury. DO NOT LET THE WITNESS TELL THE STORY, YOU TELL THE STORY.
When you are writing your opening statement you should overview your case and the evidence that will be presented. In the closing statement, you should discuss the evidence that has been presented and ARGUE for your position. Make sure you use persuasive language to clearly articulate your point. Remember, however, that juries are NOT made of lawyers, judges, or law students, they are made of REGULAR PEOPLE. This means you need to make sure that you use common language and explain things in a way that your 15 year old sibling could understand. Be active, use voice inflexion, and make sure you make a statement.
When you have drafts of you direct examinations/cross examinations/and argument PRACTICE. Practice to yourself in front of the mirror, practice with your partner, go to the moot court room and practice walking around the well, grab your girlfriend and maker her listen to your stuff. The more comfortable you appear, the better you will score.
Competition
WEAR A SUIT! Bring a notebook. When you dress the part, you will play the part.
Bring NOTES; try to memorize your questions and your argument, but if you can’t that’s ok, pause for a second, and look at your notes.
Mock Trials are LONG, typically they take about two hours, if you need a second, TAKE IT. You do not have to go 90 miles an hour the whole time.
MAKE USE OF YOUR PARTNER; help each other with exhibits, arranging things for the courtroom, etc. YOU GET POINTS FOR TEAMWORK!
THE MOST IMPORTANT: HAVE FUN (this is NOT school work, you should have a good time!!!!!)