Fisher Times-Post-Dispatch-Courier

September 11, 2006

A few thoughts [General] — Michael @ 4:38 pm

This semester sees me taking Trial Advocacy, a practical course that teaches trial lawyering skills.  Opening statements, direct and cross examinations, closing arguments, and making and opposing objections.  The large section instructor teaches the theory and broad stroke how-to instructions, as well as some useful tips and advice.  The small section gives us the opportunity to attempt what we have learned and get some feedback and advice.  The "final exam" is a full-blown mock trial, with opponents, witnesses, a real (as in real, off-duty) judge, a live jury, in a real courtroom downtown.

This class shows that trial lawyering is not for everyone, most, or even many people (though many try).

It is fun, and I think I’m good at it.  Which is a huge relief given that I have decided that litigation (trial lawyering) is the path I want to pursue, rather than transactional (boring) or appellate (cleaning up others’ messes).  After two weeks of class, having done basic introductions and opening arguments, things have gone surprisingly smoothly, proving a return to my previous public speaking ability.  I say previous because my one-off oral arguments in first year was a spectacular crash-and-burn of epic proportions.  My dismal failure in that appellate-style no-experience no-second chances attempt cannot be overstated.  It was miserable.

What difference, then?  No podium.  In oral arguments we were forced to stand behind the podium.  In trial ad we are forced to abandon the podium.  Podiums make me nervous, because they emphasize the public speaking aspect of public speaking.  No-podium eliminates that, and emphasizes the communication aspect (though most people are scared by the exposure that no-podium causes, I embrace this exposure).  Not to say that I’m not nervous, but my nerves have no outlet but to drive the speech, whereas behind a podium, I clasp, fidget, and give other avenues for my nerves, resulting in no impetus for speech, and I stutter, lose my thought, and generally embarass myself.

I am the polar opposite of most people.  As if that wasn’t obvious already.

Anyway, class is fun.  (Yes, that’s right, I said it.)  I can’t wait for next week.

1 Comment »

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  1. You, intimidated by a podium? I really couldn’t imagine.

    I’m glad to read that you are enjoying law school. I am, however, disconcerted about your choice to practice litigation. Hopefully we’ll never see you on one of those cheesy “I’ll get the settlement you deserve” commercials.

    I’ve also taken a moment to view your photos on Flickr. Very nice.

    Comment by Kerra R Fletcher — September 11, 2006 @ 4:52 pm

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