Introduction
As a seasoned criminal defense attorney and an adjunct professor of basic trial advocacy at the University of Arizona’s law school, I’ve had the privilege of navigating the intricate dance of the courtroom and guiding the next generation of legal minds. The final trials of my basic trial advocacy students this morning not only filled me with immense pride but also offered a moment of reflection on my journey and the invaluable lessons learned along the way.
My Journey in Trial Advocacy
- My career as a trial lawyer has been marked by numerous trials, each etching a unique lesson into my professional fabric. The first of these was a felony DUI trial. As a novice, I remember throwing everything I could at the state, lacking discernment in choosing which arguments were worth making. This approach extended the trial unnecessarily and, in a pivotal moment, I missed the opportunity to push for a mistrial, naively confident in my performance. The jury’s swift conviction of my client was a sobering lesson in humility and the sacred value of the presumption of innocence.
- The first murder trial where I served as the lead defense attorney was a turning point. Armed with more training in trial advocacy and storytelling, I learned the power of a coherent theme and theory that permeated my case presentation. This trial was where I truly began to take strategic risks, underpinned by a newfound confidence that shaped a more compelling case.
- Then came the first trial I conducted after the COVID-19 pandemic. Here, I grappled with nerves and a lack of confidence in the jury, leading to an overly lengthy closing argument. This experience taught me the importance of brevity and focus, especially when the stakes are high and the pressure mounts.
Observations from Student Trials
- Witnessing the final trials of my students at the University of Arizona’s law school was both an enlightening and nostalgic experience. It reminded me vividly of the journey from a novice to a seasoned trial attorney.
- One student’s performance was particularly striking. In a bold demonstration, she physically positioned herself to represent the victim’s stance, bringing her argument to life in a powerful and unconventional way. This remarkable display of bravery and innovation in trial advocacy was a testament to the importance of thinking outside the box in the courtroom.
- Yet, alongside these moments of brilliance, I also observed familiar challenges that many new advocates face. Some students hesitated to object when they felt something was amiss, underscoring the vital role of confidence in making decisive courtroom decisions. Another common novice error I noticed was an attempt to impeach a witness without laying the proper groundwork, a skill that comes with experience and practice.
The Gap Between Novice and Experienced Advocates
- Through my years in the courtroom and as an instructor, I’ve come to understand the vast chasm that separates a novice trial lawyer from an experienced one. This gap is not just about knowledge of the law; it’s about understanding the human elements of trial advocacy.
- The most significant difference, perhaps, is in recognizing the gap in knowledge between the litigants and the fact-finder. An experienced attorney knows how to bridge this gap, translating complex legal jargon into a narrative that is accessible and compelling to the jury.
- I’ve also learned that seasoned attorneys appreciate that while moments in the courtroom can be intimidating, they are not insurmountable. This understanding comes from facing and overcoming numerous ‘scary’ moments, transforming them into opportunities for growth and success.
- Listening is another skill that sets apart the experienced trial lawyer. While novices may focus on their next question or argument, veterans understand the importance of truly hearing what is being said. This skill is vital for effective cross-examination and for adapting one’s strategy in real time.
Pride in Student Growth and Potential
- One of the most gratifying aspects of teaching trial advocacy at the University of Arizona’s law school is witnessing the remarkable growth and potential in my students. This semester, I saw numerous instances where my students transcended their initial fears and uncertainties, embracing the art of advocacy with enthusiasm and skill.
- A particularly heartwarming moment was when a student, who had shared her apprehension about the upcoming trial, found her stride mid-trial. Her transformation from nervousness to enjoyment was a testament to the joy that can be found in trial advocacy. Her experience resonated deeply with me, as I’ve always aimed to impart the exhilaration and satisfaction that come with skillful courtroom performance.
- Another student expressed sheer delight after successfully presenting a motion for a directed verdict. The pride in feeling like a “real lawyer” was palpable. These moments of self-realization and accomplishment in my students fill me with immense pride and hope for the future of the legal profession.
Lessons for Budding Lawyers
In my dual role as a defense attorney and an educator, I’ve gleaned insights that I believe are essential for any aspiring trial lawyer. To those embarking on this challenging yet rewarding path, here are some key pieces of advice:
- First and foremost, immerse yourself in the courtroom environment. Watch as many court proceedings as possible. This exposure demystifies the court process and helps you understand the flow and dynamics of real trials. Observing a variety of cases provides a practical understanding that goes beyond textbook learning.
- Another crucial piece of advice is to step outside your comfort zone. Trial advocacy is as much about pushing personal boundaries as it is about legal prowess. Make your mission about the cause you are advocating for, rather than focusing solely on yourself. This shift in perspective is not only liberating but also empowers you to advocate more passionately and effectively.
Conclusion
Trial advocacy, while a specialized field within the legal profession, plays a pivotal role in shaping the practice of law as a whole. Although the majority of lawyers are not trial lawyers, the skills and principles of trial advocacy permeate all aspects of legal practice. The possibility of trial influences negotiations
