Advanced Advocacy (Thomson & Schofield)

The course will be taught in three-hour sessions – as time-tabled; however, flexibility may be required to accommodate advocacy simulations. The course revolves around students learning by “doing”. It can be anticipated that students will be called upon to engage in five to six simulations and a trial. Instructors will provide feedback. Comments are designed to point to both strengths and weaknesses. Students are expected to be reasonably prepared, in which case it will be a positive experience.
It is understood that there will be some unavoidable duplication, since students are working from the same material. Accordingly, we may ask students to focus on only one aspect of the material prepared for a discrete case scenario. Students ought not to be concerned if instructors focus on only two minutes of a 10 minute simulation. There will be no adverse grading result. The approach is designed to allow the group to discuss what would happen in an actual trial, to discuss the many and diverse ways to effectively advocate a position for a client, and to avoid certain pitfalls and risks. The key is to be able to learn to analyze a case and determine what ought to be conveyed to the judge, and how to do so effectively.

The first classes will be comprised of lectures on advocacy, then demonstrations of basic techniques. Those include: dealing with evidentiary issues, marking an exhibit, creating a record, impeaching a witness, refreshing the memory of a witness, using an examination for discovery transcript, using previously deposed affidavits; and, will highlight the critical differences between conduct of a direct and cross-examination.

There will then be a series of assignments and simulations.

Attendance in class is mandatory. If you are unable to attend a class, it is your responsibility to fill out the self-declaration form and submit it to the Associate Dean (associatedeanjd@umanitoba.ca). The Associate Dean’s office will advise your instructors of your absence.