Minnesota State Bar AssociationMinnesota State Bar AssociationMock Trial TrainingMock Trial Training

November 1, 2006November 1, 2006Minneapolis, MinnesotaMinneapolis, Minnesota

Honorable Janice M. CulnaneHonorable Janice M. CulnaneState of MinnesotaState of Minnesota

Office of Administrative HearingsOffice of Administrative Hearings

Welcome to Mock TrialWelcome to Mock Trial

Your opportunity to develop Your opportunity to develop

a practical understandinga practical understanding

of the of the

American Legal System.American Legal System.

Lawyer Professionalism:Lawyer Professionalism:

What We Do and What We Do and HowHow We Do It We Do It

We live in a societyWe live in a societygoverned by laws.governed by laws.

Laws provideLaws provideFairnessFairnessSafetySafetyOrderOrderPredictabilityPredictability

Professionals Professionals in all fields in all fields workwork

within our laws.within our laws.

TeachersTeachers

DoctorsDoctors

Business OwnersBusiness Owners

Families live within Families live within our lawsour laws

EducationEducation

HealthcareHealthcare

FinancesFinances

PropertyProperty

NeighborhoodNeighborhood

Proactive Legal AdviceProactive Legal AdviceDocumentsDocuments

ContractsContracts

Establish PoliciesEstablish Policies

Create fair and dependable processesCreate fair and dependable processes

Resolution of DisputesResolution of Disputes

Discuss problems informallyDiscuss problems informally

Arbitration or MediationArbitration or Mediation

Initiate LitigationInitiate Litigation

SettlementSettlement

Courtroom ProceedingsCourtroom Proceedings

Mock TrialMock Trial

MockMockTrial Trial

participationparticipationis is

legallegalexperience.experience.

CompetitionCompetitionis is

partpartofof

the process. the process.

MOCK TRIALMOCK TRIAL

Outstanding ProfessionalOutstanding Professional

Performance AwardPerformance Award

*Individual*Individual

*Team*Team

*Attorney Coach*Attorney Coach

Lawyer conduct is Lawyer conduct is governed by thegoverned by the

Minnesota Rules of Minnesota Rules of Professional ConductProfessional Conduct

andandLawyer Professional AspirationsLawyer Professional Aspirations

Minnesota Rules ofMinnesota Rules ofProfessional ConductProfessional Conduct

Client – Lawyer Relationship

Representation

Diligence

Communication

Confidentiality

Duties

Fees

Conflict of Interest

Role as Counselor or AdvocateRole as Counselor or Advocate

Expediting Litigation

Candor Towards the Tribunal

Fairness to Opposing Party

Impartiality and Decorum

Transactions and Law Firm Transactions and Law Firm AssociationsAssociations

Communications

Responsibilities

Information About Legal ServicesInformation About Legal Services

Communication to the Public

Advertising

Maintaining the Integrity of the Maintaining the Integrity of the ProfessionProfession

Bar Admission

Misconduct

Disciplinary Authority

Public ServicePublic Service

Every lawyer has a professional responsibility to provide legal services to those unable to pay.

Professional AspirationsProfessional Aspirations

Judges and lawyers will conduct Judges and lawyers will conduct themselves according to high professional themselves according to high professional standards and commit to:standards and commit to:

dignity,dignity,

integrity, andintegrity, and

independence.independence.

ProfessionalProfessionalConductConduct

The substance of lawyering.The substance of lawyering.

Professional Aspirations forProfessional Aspirations forJudgesJudges

Judges will maintainJudges will maintain control recognizing the obligation and authority to insure all proceedings are conducted in a civil manner.

When judges observe uncivilized conduct, the judge will call it to the attention of attorneys.

Selected Professional Aspirations for Selected Professional Aspirations for Lawyers in Mock TrialsLawyers in Mock Trials

We will conduct ourselves with honesty.We will conduct ourselves with honesty. Our word is our bond.Our word is our bond.

We will treat the judge, attorneys and witnesses in a civil and courteous manner.

We will abstain from disparaging personal remarks or acrimony.

We will disagree without being disagreeable.

We will not ask a question for the purpose of harassing or embarrassing anyone.

We will not engage in conduct which brings disorder or disruption.