2. Effective Oral Advocacy
The First Year Torts Moot
Professor Janine Benedet
January, 2017

3. Components of Advocacy
Written Argument – the factum
Court gets it in advance
Clerks digest it and do further research
Court can refer to it when they reserve to consider their decision
Oral Argument
Answer questions
Focus in on what is important
Support the open court principle

4. How to Prepare Create a Roadmap for the Court
Identify your arguments under each issue
Strongest argument first
Digest the cases
Be organized – index cards, binder
Draft a conclusion – are you first or second counsel?
DO NOT write or memorize a speech!!!

5. Preparation requires practice
Alone and with an audience
Time yourself
Write down the questions your partner is getting and work on better answers
Experiment with order and wording to streamline your argument

6. Delivering your Submissions (Formalities)
Dress appropriately
Read the BCCA Practice direction:
Stand when judges enter
First counsel stands, introduces both counsel, stand when your name is read
In BC, address the court as “My lords” “My ladies”
Opposing counsel is “my friend”

7. Delivering your Submissions (Substance)
Help the court follow along in your factum
Tell the court what you want them to find
Think about point first speaking
Refer to the case by the name of the parties and the court and date if necessary
Avoid lengthy quotes but use the exact language in the case

8. Delivering Submissions (Style)
Go slowly
Vary your cadence, volume, sentence length
Maintain eye contact
Avoid distracting movements

9. Answering Questions Tough questions don’t mean you have lost
Not every question is a trap
Not every question needs a lengthy answer
Be wary of hypotheticals
Ask for clarification if you need to
Don’t ask if you’ve answered the question

10. Problematic Questions
Question takes you out of order
Question is for your co-counsel
Question is stupid

11. Common disasters and how to deal with them
Error in your factum
Not knowing the answer
Running out of time

12. Finding your authentic style

14. Law School Entrance Requirement, c. 1825
“a general knowledge of English, Grecian and Roman history, a becoming acquaintance with some of the selected prose works of the ancients. . . and it is also expected that the student will show the Society that he has some reasonable portion of mathematical instruction.”
Bucknall et al. at , quoting from the Law Society Journal, July 1, 1825.

15. Clara Brett Martin Delos Davis

16. The first UBC Law School

17. George Curtis, Founding Dean

18. Margaret Gee, Class of ‘53

20. Law School Courses
“Public” law – Criminal, Constitutional
regulatory state – Public Law and Administrative Law
“Private” law – Torts, Contracts, Property
Business Organizations
Public and Private - Transnational Law
Theories of law and justice – Jurisprudence
Legal Ethics
Legal Research and Writing; Upper year seminar requirement

21. Canons of Legal Ethics HONESTY LOYALTY CIVILITY SERVICE INTEGRITY
Be candid; don’t cheat or engage in sharp practice
LOYALTY
Keep confidences; put the client first
CIVILITY
Treat others with courtesy and respect
SERVICE
Promote access to justice and assist those in need
INTEGRITY
Keep your promises; promote respect for the rule of law

22. Lady Justice

23. Patricia Proudfoot, Class of ‘52

25. BC Code of Conduct for Lawyers
3.2-7  A lawyer must not engage in any activity that the lawyer knows or ought to know assists in or encourages any dishonesty, crime or fraud. 

26. BC Code of Conduct Rule 3.2-7(4)
A bona fide test case is not necessarily precluded by this rule and, so long as no injury to a person or violence is involved, a lawyer may properly advise and represent a client who, in good faith and on reasonable grounds, desires to challenge or test a law and the test can most effectively be made by means of a technical breach giving rise to a test case. In all situations, the lawyer should ensure that the client appreciates the consequences of bringing a test case.

27. Alfred Scow, Class of 1961