Moot Court Training

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  • Topic: Audience theory, Audience, Jury
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  • Published : December 16, 2012
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11-11-11 By Huang Jie

MOOT COURT TRAINING

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HOW TO LAWYERING IN FRONT OF JURY AND JUDGES?

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¢ 1.

Know your audience: age, gender, occupation, what will appeal to them, what will offend them, put yourself into your audience’s shoes to consider what they will want to hear ¢ 2. A strong opening statement: summarize the case in a compelling way 2

By Huang Jie

CALDER V. JONES
SIFT Law Jie Huang

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¢ 3.

Have a theme: —  Simple, easy-to-understand, and familiar words and phrases, use it throughout the trial: the moral foundation of the case. —  Use less than three themes —  Know the other side’s theme 4

11-11-11 By Huang Jie

¢ 4.

Show; do not tell.

—  Not

speak in a conclusory way but in a convincing manner —  Not impose your beliefs —  Offer concrete, vivid details: tell story and let the audience decide on their own —  Establish clean story lines. Leave out needless details, places, dates, and history —  Use specific , rather than vague or general words

¢ Before

the trial, lawyers may consider to create a storyboard with important facts in chronological order and themes to tell the story during trial. ¢ Action is critical to a good story. This is why trail lawyers should focus on the people. 6

11-11-11 By Huang Jie

¢ Lawyers

reach for drama, metaphor, voice, gesture, persona, myth, and other expressive resources of the storyteller's art to give authority to their accounts. appropriate emotion 7

11-11-11 By Huang Jie

¢ Using

¢ 5.

Know the case
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—  Not
¢ 6.

skip over weaker arguments —  Preparation is the key to persuasion

Being focused

By Huang Jie

—  Take

notes —  Present arguments illogically, jumping from issue to issue, will lose your audience —  Establish a speaking outline 8

¢ 7.

Be eloquent —  All about communication, select your words carefully —  Use rhetorical questions and analogies to make your presentation more interesting and powerful —  Repeat statements —  Silence —  Not to look at notes too often

11-11-11 By Huang Jie

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¢ 8.

Be organized — Outline what you are going to say: including documents may needed during the presentation, knowing which page — Make your table clean

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11-11-11 By Huang Jie

¢ 9.

Be clear —  Use plain language when presenting your case —  Use concrete nouns and active verbs —  Only few adv and adj —  Avoid legalese and foreign languages —  Short sentences

¢ 10.

Be concise —  Know the time your have —  Rehearse your oral presentation —  Not try to fit every argument into your presentation. Select the best ones —  Not rush. Make every word count

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11-11-11 By Huang Jie

¢ 11.

Be presentable —  Address appropriately: neatly and professionally —  Boy language: avoid crossed arms, favor open posture and gestures —  Eye contacts —  Try to sit with the fewest people at the counsel table, or preferably alone —  Should or should not drink or eat?

¢  12.

Be trustworthy ¢  To project sincerity and be credible ¢  Don’t hide things, don’t exaggerate, overstate, or generalize ¢  Honesty is the only policy. Win by stating the facts accurately and then by providing strong explanations and evidence to prove your conclusions ¢  Provide accurate and precise references ¢  Be careful in your opening statement when telling your audience what to expect

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11-11-11 By Huang Jie

¢  13.

Be reasonable ¢  This is the way to win in the long run ¢  Use good judgment and common sense ¢  Portray the situation accurately and present valid arguments ¢  Know whether and when to concede and when to stand their ground ¢  Conceding when appropriate allows lawyers to concentrate their efforts on important arguments while appearing reasonable

¢ 14.

Be yourself ¢ Be original when presenting their case to get the audience’s attention ¢ Your audience can tell when you are...
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