How to Write a Trial Advocacy Strategy

Trial advocacy, also known as mock trial, is a way for students at the high school, college and law school levels to try their hands in a courtroom proceedings, taking on the roles of prosecutors and defense attorneys. There are several things to consider when writing your trial advocacy strategy.

Things You'll Need

  • Trial notebook
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Instructions

    • 1

      Buy yourself a trial notebook to organize your notes and documents. In court, you do not want to appear unprepared.

    • 2

      Determine the legal theory you will be using to present your side of the case. Although it may seem obvious to you, every argument you make in front of the judge needs to be substantiated with case law. If your argument could be made with different legal arguments, pick what you believe to be the strongest argument and stick to it.

    • 3

      Use facts to support your legal theory and argument. The judge and jury will want to hear specific examples that support your claims, not vague statements. Use only evidence that clearly proves your point, not anything that will muddy the water.

    • 4

      Begin in a powerful and cogent manner each section of your trial advocacy strategy --- your opening and closing statements, examination and cross-examinations --- doing your best to capture the attention of the judge and jury. First impressions count; so, you will want to cut to the chase and lay out your best arguments and facts.

    • 5

      Write down all the questions you want to ask each witness. You do not want to be stammering and desperately searching for questions while a witness sits on the stand, as it will make you look unprepared in the eyes of the judge and jury. You may not need to glance constantly at your notes, but it will be helpful to have your notes available in case you need to refer occasionally to them.

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