Minnesota State Bar Minnesota State Bar AssociationAssociation

Mock Trial TrainingMock Trial Training

October 23, 2007October 23, 2007Minneapolis, MinnesotaMinneapolis, Minnesota

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

Office of Administrative HearingsOffice of Administrative Hearings

Ready for the challenge?Ready for the challenge?

The preparationThe preparation The planningThe planning The practiceThe practice

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.

We look at the legal system with a We look at the legal system with a critical eye.critical eye.

GloballyGlobally LocallyLocally PersonallyPersonally

Laws can….Laws can….

Establish PredictabilityEstablish Predictability Provide EquityProvide Equity Maintain OrderMaintain Order Create ProtectionCreate Protection Ensure SafetyEnsure Safety

Legal system needs societal Legal system needs societal acceptance to work.acceptance to work.

Differing viewsDiffering views Polarization Polarization IndependenceIndependence TensionTension ResponsivenessResponsiveness

Lawyer ProfessionalismLawyer Professionalism

Builds public trustBuilds public trust Keeps legal system on trackKeeps legal system on track Self-regulatedSelf-regulated

The work of lawyers is varied….The work of lawyers is varied….

Proactive Legal AdviceProactive Legal Advice DocumentsDocuments ContractsContracts Establish PoliciesEstablish Policies Create fair and dependable Create fair and dependable

processesprocesses

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

Professionalism StandardsProfessionalism Standards

Must work in a variety of situationsMust work in a variety of situations Strictly enforcedStrictly enforced Consequences for non-complianceConsequences for non-compliance

MockMockTrial Trial

participationparticipationis is

legallegalexperience.experience.

ProfessionalismProfessionalismis is

partpartofof

the Mock Trial Competition. the Mock Trial Competition.

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

High Standards

Strict Consequences

Beyond Mock Trial Competition

Professional AspirationsProfessional Aspirations

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

integrity, and integrity, and independence.independence.

ProfessionalProfessionalConductConduct

The substance of The substance of lawyering.lawyering.

Professional ConductProfessional Conduct

Defines your relationship with your Defines your relationship with your client.client.

Shapes the telling of the story.Shapes the telling of the story. Is the starting point.Is the starting point. Becomes the compass.Becomes the compass.

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.

ConsiderConsider Outstanding Professional Outstanding Professional

PerformancePerformance Awards Awards

Forms in your packet of materials.Forms in your packet of materials. We want to hear from YOU.We want to hear from YOU.

Thanks.