Law is a uniquely versatile field of study, presenting graduates with diverse professional opportunities ranging from entering politics to working for grass roots civil society organizations. However, the formal practice of law is a career path virtually every law student will at least consider at some point, as they should. Students who are committed to careers as practicing courtroom advocates are well advised to develop their advocacy skills by seizing all opportunities available to them throughout their studies. From the perspective of legal education, bridging the gap between the classroom and the courtroom, from the theory of law to the practice of law, poses several acute challenges. Yet, in recent years Law Schools have made great strides in developing practical skills through experiential learning that enhances student employability. Experiential learning means learning by doing.
Courtrooms are formal environments in which knowledge of the substance of law is not enough for success. Inexperienced advocates must aim to develop a fluency in courtroom etiquette and procedure very early in their careers, and this is not something that comes naturally to most of us. Indeed, courtrooms are time capsules in which traditions have been preserved that has disappeared from all other social contexts: bowing when entering or exiting a room, only speaking while standing, addressing judges as “my lord” or “my lady”, and all this while wearing a robe (and a wig in some countries).
Similarly, the procedures and conventions followed in court are rigid and prescriptive. The formulation of questions when examining a witness serves as a great example. Whilst all law students learn that you may not ask leading questions when conducting an examination in chief of a witness, every young advocate struggles to formulate non-leading questions whilst under pressure in court. A leading question is one which suggests the answer to the witness being examined. For instance, “did you then pick the knife up” is a leading question, whereas “what did you do then” is not. On the other hand, experienced advocates instinctively comply with courtroom etiquette and procedure, allowing them to focus their mental energy fully on the matter at hand, without the distraction of having to think about what to say and how to say it. The goal of aspiring advocates should be to reach that point as early in their careers as possible and universities are better equipped than ever to facilitate this.
Clinical legal education and mooting or mock trials are the leading tools or methods through which to develop courtroom advocacy skills within the context of formal legal education. Indeed, the best way to develop practical skills, such as courtroom advocacy skills, is through practice. Clinical legal education involves the provision of legal services usually to eligible members of the community, by law students acting under supervision of qualified lawyers. The legal issues are usually not very serious. This offers students the opportunity to assist real clients facing actual, though not too serious legal problems, but doing so in a controlled environment in which an experienced qualified professional supervisor will assist and intervene when necessary to ensure the needs of the client are met in a professional manner. Clinical legal programmes also offer an excellent space in which to develop so-called “soft skills”. For example, professional communication, time management skills developing a strong work ethic, etc.
Participation in moot courts, often referred to as “mooting”, share similar educational goals with clinical legal education, but does so in a very different way. Instead of providing services to an actual client in relation to a real legal problem, moot courts are conducted based on a set of hypothetical facts. The moot experience simulates a courtroom and can involve any one of a range of actions or procedures, both in simulated domestic courts, or international courts, such as the International Court of Justice and International Criminal Court. For example, the moot may simulate a criminal trial during which one side will prosecute the case, and the other will act as defence counsel. The case will be presented, and witnesses will be examined before a judge or panel of judges. Ultimately, a winner of the round will be declared, not based on the merits of the case, but rather performance of the counsel. Mooting is offered by many universities as part of their educational offering assisting in the development of courtroom advocacy skills, but students can also participate in highly competitive international moot court competitions.
In addition to formal offerings by Law Schools of clinical legal or mooting opportunities, there are extracurricular opportunities through which advocacy skills can be developed, many of which are available to high school students determined to become courtroom advocates. Such opportunities include, debating, model United Nations, schools moot court competitions and attending actual court and observing trials in the public gallery. As mentioned, developing practical skills requires practice and repetition. Continuously engaging with a range of these opportunities over time is the key to begin the path of achieving the kind of courtroom fluency to which young advocates aspire. For aspiring courtroom advocates considering different universities for their legal studies, an important consideration is the range and quality of experiential learning opportunities on offer, particularly the provision of clinical legal education and mooting opportunities.
The opinions expressed in this article are those of the author's and do not purport to reflect the opinions or views of THE WEEK.
