My First 1L Moot Experience
Your first moot court competition as a law student is a rite of passage. Moot court is designed to resemble a real-life court proceeding that requires hours of research, preparation, and practice. While your first moot can be very exciting, it can also be very nerve-wracking if you’re not someone who enjoys public speaking.
As someone who is terrified of public speaking, I was nervous to hear that I had to partake in a moot during my first semester of law school. But when moot day arrived, my nerves slowly faded away as I began presenting my oral argument. I was surprised at how much I enjoyed mooting and the practical skills I gained from my experience. Within this article are three takeaways and advice from some of my colleagues in the Dual JD program that I hope will help you prepare for your first law school moot:
Preparation is Key
My motto in life is that it’s always better to be overprepared than to be underprepared. This is particularly important when it comes to successfully delivering an oral argument in a moot court competition. In preparing for my first moot, I began by spending a few hours researching and finding relevant and persuasive case law to best support both my position and my opponent’s position. All the essential facts you’re given in a fact pattern can either help your argument or hurt your argument. It’s crucial to analyze the facts that can potentially hurt your argument to help you anticipate some of the arguments that your opponent will be raising and prepare your rebuttals accordingly. While I wasn’t exactly sure what arguments my opponent would put forth, I anticipated arguments that they would raise based on the facts of our case and their rebuttal to the arguments that I would be raising.
Not only did I anticipate my opponent’s arguments, but I also anticipated some of the questions that the judges would throw at me and thought about what my response would be. Memorizing all the critical facts in your case is extremely important when answering these questions on the spot as the judges can pick at specific facts that you may bring up and point out weaknesses in your argument using other facts.
“At the beginning, you have to get very familiar with the fact pattern and the cases. It sounds obvious, but sometimes the exact wording of the cases or rules leads you to believe that facts that appear to support your opponent actually support your argument. Also, talk out your arguments with your friends at all stages. Sometimes they see things you don’t and vice versa.” Max Gill — 1L Dual JD Program, University of Windsor
Be Flexible
As someone who likes to have a well-written script when public speaking, the nature of mooting forced me to move away from reading off my script and to articulate my points based on what I knew about my case. A great tip that one of my professors gave me before the moot was to think of my oral argument as a conversation with the judge as opposed to a speech. Reading off of a script will not only make you sound monotone when presenting your argument, but it is also a sign that you don’t fully know the case that you are presenting in front of the judge.
I made sure that I had memorized the introduction section and prepared a point-form outline with my main arguments and the list of cases I would use to make my case. Often, the judges will interrupt you mid-argument and ask you to answer a question that is entirely irrelevant to the main argument you are addressing. But don’t panic! Address their question, and then re-direct them back to the initial argument that you were making. While it’s good to come up with a list of questions that you can anticipate the judges will ask, there is a good chance that they will ask you questions that you were not expecting. Be flexible so that you are prepared to address any aspect of the case, whether that’s an aspect of your argument or a rebuttal to an argument that your opponent is making.
“It can be incredibly intimidating and disorienting when you’re getting hammered with questions at a moot. The best advice I ever received is to retain control — take a moment to pause and plan before responding. You can take the moment to drink some water if you’re uncomfortable with the silence. When you do respond, don’t be on the fence. Avoid statements like “that may be true” or “you could argue that”, and stick to “Yes, your honour” or “No, your honour” — no need to concede points unnecessarily. As much as it may feel weird, don’t be afraid to disagree with the judge! It is likely what they are looking for in your answer!” Orion Boverhof — 1L Dual JD Program, University of Windsor
Practice, Practice, Practice
This tip is pretty self-explanatory, but it is an essential step to doing well on moot day. After researching and preparing my arguments, I practiced them out loud several times a day to ensure that I had my introduction memorized and that I was persuasively articulating my points. One thing that I found to be particularly helpful was practicing my arguments in front of my classmates.
By practicing with my friends, we were able to come up with hypothetical questions that the judges could ask us during the competition and address them on the spot. This also helped point out some of the weaknesses in my argument that I may not have anticipated during the preparation stage and prepared me to address the question if it was asked by one of the judges.
Besides practicing by myself and with my classmates, I also practiced my arguments with my TA and other upper-year students. Upper-year students were once in your shoes also preparing for their first moot and have many helpful strategies from their moot competition experience that can be beneficial when preparing for your first moot. The more time that you spend reviewing your material and practicing, the more confident you will feel on moot day.
“Practice with anyone you can, and at any time you get the chance! Use your TAs and classmates as a resource to ask questions about your topic to be fully prepared for what the judges might ask you. The more you practice, the more comfortable you’ll be on the day of the moot!” Pearl Bakhtiari — 1L Dual JD Program, University of Windsor
“Mooting encourages you to think quickly and critically while formulating persuasive arguments for your client. Conducting thorough legal research, preparing a manila folder, and rehearsing your argument is key for tackling the questions posed by the judge’s panel. Knowing the binding authority/cases/rules pertaining to your case will ensure that you have the knowledge necessary for curating answers on the spot. Moreover, a manila folder containing a list of potential questions you might be asked with answers will keep you familiar with the opposing counsel’s argument. Lastly, practice under timed conditions, this is essential for your overall preparation and delivery of your arguments.” Rafia Javaid — 1L Dual JD Program, University of Windsor
Mooting is an excellent way to develop your oral advocacy skills and challenge yourself to step outside your comfort zone. Prepare for success, be flexible in your approach but most importantly, have fun with it!
