Suggestions for Teacher Coaches
This outline will provide you with some suggested guidelines for
use in helping your student team prepare for the mock trial
experience.
SUGGESTED PREPARATION TIME: 5-8 weeks of meeting several
times/week
Find an attorney
coach to work with your team:
- While the Massachusetts Bar Institute is available to help
locate an attorney to coach a team entered in the competition, you,
as a local teacher, are often the best judge of a suitable person
to assist your team. Possible sources include: parents or relatives
of students, alumni, acquaintances, local law firms, county
attorney's office, school board members or local judges. (If you
are unable to find an attorney to work with your team, contact the
Mock Trial Program office at the MBA.)
- Since attorneys have time limitations, they should be used as
consultants when their expertise is needed but do not need to be
present at all team activities or practices. As a consultant, the
attorneys should advise students, but should not author any portion
of the team's trial materials.
- Contact your attorney coach as soon as possible to:
- Invite him/her to attend the teacher's orientation in your
area.
- Provide him/her with a copy of the mock trial materials so s/he
can become familiar with the case problem and rules of competition,
evidence and procedure.
- Discuss meeting times and places with students.
- Discuss the case and the attorney's suggestions regarding
strategy and arguments for both sides.
Before meeting
with your attorney coach:
- Have the students learn the statement of facts and witness
statements (in affidavits) as thoroughly as possible. You might try
having the students quiz each other - one student looks at the
facts and affidavits and asks the other student(s) questions; then
reverse roles.
- Try brainstorming with your students to elicit factual
arguments for both the plaintiff/prosecution and the defense; i.e.,
which facts support the plaintiff's/prosecution's case and which
facts support the defendant's case?
- Have students try to string facts together to make a logical
assumption about the case.
- Have students read through the procedures for trial of
civil/criminal cases, the simplified rules of evidence, and the
mock trial rules. Discuss with your students and be sure to write
down any questions they have for your attorney coach. For rules
clarification, contact the Mock Trial Coordinator at the MBA.
- Conduct lessons designed to familiarize students with the court
system and civil or criminal procedure. It will help your team if
they observe a real trial before the mock trial. Contact the clerk
of the district court in your county to find out when a trial is
scheduled at the courthouse. The public is invited to attend these
trials.
With your
attorney coach, work on:
- Knowledge of the facts, procedures, and mock trial rules.
- Establishing a case strategy. The entire team should work
together on this process. You should be sure that the attorney
understands that his/her role is to serve as a consultant to the
students, not as a director or decision-maker for the team. The
team members must be the ones who develop their own strategy for
presenting the case.
The following
are some points to consider when developing your team
strategy:
- Identify strengths of your case. These are the points and
issues you will want to develop.
- Identify critical weaknesses of your side and prepare a
counter-argument for them.
- Be sure all of your strategies are integrated. You should work
as a team during the course of the trial. You must always know
where you are headed.
- Brainstorm to identify possible holes in your strategy so that
there are no surprises. You must be prepared to cope with the
unexpected.
- Identify a key witness that you will want to exploit during
cross-examination.
- Realize that you don't necessarily need to use all of your
allotted time if your strategy has been achieved.
- While it is not necessary for mock trial purposes, you may wish
to research cases cited as references in order to better understand
the trial.
- Other considerations:
- Which order to call witnesses
- Physical position in the courtroom
- How to use time wisely
- How to handle surprises
- How to present the opening statement and closing argument, and
what information each should contain. (Again, remember that the
coaches may give the students ideas, but should not write the
statements for them.)
- Questions to ask on direct and cross-examination of all
plaintiff/prosecution and defense witnesses.
- How to present a closing argument and what it should
contain.
- How to avoid asking objectionable questions and what to do if
one of your questions is objected to.
- How and when to object to the opposition's questions.
- How to introduce exhibits and offer them into evidence.
- Understanding and practicing courtroom decorum and good
sporting behavior.
Before your
first scheduled trial in the mock trial competition (if
entered):
- Practice the trial in full, including direct and
cross-examinations, in front of your attorney coach or another
local attorney or judge who is willing to sit in and offer
suggestions.
- Set up an invitational round (scrimmage) with another school,
to give teams the full flavor of participating in a mock trial.
Arrange for a local attorney or judge to preside, and conduct the
trial in a courtroom setting, if possible.
- Observe a real trial in county or district court.
Consider asking a speech or drama teacher to observe your team
in action and offer suggestions for improving the students'
presentations.