Mooting Skills Workshop

Before we begin… There is no ‘perfect guide to mooting’ As we discuss the way that we prepared for our moots, keep in mind that your team will develop their own strategies A lot depends on team dynamics, and no team is the same

Pre-problem planning Set up a filesharing service (we used a combination of Google Docs and Dropbox)

Pre-problem planning Set yourself deadlines You’d be surprised how much you can get done in one or two days if you are organised, and establish team expectations in advance Be sensitive to availability of team members, schedules etc. Book a room or find a place to meet ( early ) The syndicate rooms on level 5 were a particular favourite of ours Book them via the ‘My JD Studies’ section of the MLS website:

When you get the problem What area of law ? (E.g. contract, tort, s 18 of ACL, family etc.) What jurisdiction ? E.g. first instance, appellate What are the questions of law at play? As distinct from questions of fact (in appellate cases, no questions of fact) Splitting between senior and junior counsel Is there a clear division between the different pleadings? What does your client want? Your job is to be your client’s advocate

Developing arguments RESEARCH, RESEARCH, RESEARCH Start with authoritative textbooks in the area The library staff are your friends! Anticipate that you may have limited time with textbooks if they are in the high use section Look at relevant cases cited in the area Once you’ve got an idea of where the case law is, jump on Westlaw and/or LexisNexisAU to find cases and factual analogies Westlaw is the best source for High Court cases (CLR) Other secondary literature Academic journals etc. Try Google (Firms often write blog posts etc)

Writing written submissions Concise Not abstract statement of law. Weave the facts in. For example: The Defendant publican does not owe a duty of care to the Plaintiff patron as the Plaintiff’s injury was not reasonably foreseeable, and the publican did not have control of the Plaintiff’s surroundings. NOT Publicans do not ordinarily owe a duty of care to patrons once they have left the premises.

Writing written submissions Use consistent formatting throughout Ensure it doesn’t look too crowded You don’t need to summarise your full argument Be mindful that the opposition receives your written submissions, too – you don’t want to give everything away! Proofread and check citations before submission Use authoritative reports for cases, e.g. CLR, not ALR Example Written Submissions – KWM Semi-Final

Receiving your opposition’s written submissions There are strengths and weaknesses in both sides of a case (except in our semi-final mooting problem, apparently) When you receive your opposition’s submissions, take it as an opportunity to look for common cases, or legislation, you have relied upon If some cases seem particularly important to their arguments, have your instructing solicitor look them up and give you a quick summary Even if the law isn’t entirely ‘on your side’, mooting is about more than just black letter law – it’s testing your advocacy skills Remember – respect your fellow competitors. No unnecessary criticism of written submissions in your oral submissions unless it’s absolutely necessary

Clear argumentation Focus on clear arguments, and your strongest arguments. Most complex argument may be difficult to express in 10 minutes, and may ‘lose’ the judge Milk the facts – do not retell the facts Facts are agreed, never disputing them. So know the facts

Preparing and delivering oral submissions Clear, short introduction Try to memorise at least the first thirty seconds of your speech – it’s a great way to engage the judge! Clear signposting Be aware of pace and tone Maintain eye contact with judge(s) Be respectful toward judge and other side Resist urge to ‘rebut’

Formalities Stand and bow when judge enters ‘May it please the Court’ ‘Your Honour’ ‘My learned junior counsel’ ‘Our learned friends’ (other side) ‘Her Honour Justice Warren noted in …’ ‘May I dispense with formal citations?’ (after first formal citation)

The Bench

Questions from the bench Take a moment if you need Let the judge finish the question completely If the judge looks like they are about to ask a question, anticipate by pausing The best advocates appear as if they are in conversation with the judge Not all questions from judges are attacks Treat it as an opportunity to show off what you’ve learned! Be prepared to depart from your speech and even address points in a different order to what you prepared You submit ; you don’t think or believe or have an opinion

Questions? Feedback? One of the best ways to become a better mooter is to take feedback from the judge on board, and be prepared to ask questions during this feedback time. There is always room for improvement and new skills or techniques to learn. Good luck!