When I started my first semester of law school, no one could convince me to do any sort of advocacy. I was completely set on focusing on contract, transactional, and corporate law. The thought of participating in one, let alone three, advocacy experiences never crossed my mind. Fast forward to my second semester of my 2L year, and I found myself competing in the ABA Representation in Mediation Competition and the NLLSA Moot Court Competition while attending and participating in my weekly trial advocacy course. Each experience required distinct skills, and learning to adapt has made me a stronger and more flexible advocate.
First in the semester was my experience in Alternate Dispute Resolution (ADR) as a competitor in the ABA Representation in Mediation Competition. With only roughly two weeks given, the preparation for this competition strengthened my time management and organization skillset. ADR is essentially the art of listening and negotiating. The competition consisted of two rounds in one day, as my partner and I switched between acting as the attorney and the client. What key skill did I learn? The ability to listen, not only to respond, but to find a common ground. Mediation is about collaboration and resolution. It is a less formal style than a courtroom, and unlike a trial the primary focus is guiding both sides to a mutually acceptable solution. I learned how to control the instinct to be argumentative and instead focus my efforts on listening and asking more detailed questions.
What I did not realize is that the skills I was learning throughout my ABA Mediation competition would help me in my Moot Court Competition, and ultimately, in my final trial for my trial advocacy course. Just as I went into my ADR competition with no prior experience, I jumped into my Moot Court Competition with no prior knowledge of the criminal procedure legal issue, and no prior experience, aside from 1L Oral Advocacy experience where I swore that I would not compete in advocacy again. Yet, when the opportunity presented itself to attend the 17th Annual National Latino/a Law Student Association Moot Court Competition, I accepted.
My sharpened listening skills from my previous competition in ADR benefited my ability to listen to opposing arguments, form a proper rebuttal, answer the judges’ questions sufficiently, and understand what the judges want to hear more from my argument. As I was experiencing the firing range of questions from the judges regarding my argument, I understood the need for me to reassess what exactly they were looking for. They wanted further clarification on a specific portion of my argument, and their questions were guiding me to get them their answers. The patience of finding a common ground in a mediation, along with all the collaboration, allowed me to have a more conversational mindset in my moot court competition. I understood the credibility of my argument was not being questioned in its entirety. I learned to redirect my argument to provide structured legal reasoning and handle the difficult questions that allowed me to advocate efficiently for my client and receive the award for “Top Oralist for Appellant.” Although the nerves before I stood up at the podium felt like I would not make it through to complete the fifteen minutes that awaited me, I persisted; and I placed second alongside Pace Law School’s other team placing first.
Competing in two different advocacy competitions while attending my trial advocacy course every week prepared me to complete my final trial at the end of my semester. Throughout my trial advocacy course, I learned the logistics of a trial and the strategies to apply in a trial. I was starting from scratch with my experience, learning how to write a direct and cross examination, and how to do an opening and closing. The ability to collaborate in my mediation prepared me to work with my co-counsels throughout the course and in my final trial; and my ability to listen and re-focus my legal reasonsing into a more structured argument allowed me to listen to opposing counsel and identify key takeaways to argue. In trial advocacy, I learned more than the logistics of a courtroom and trial. I learned about the power of persuasion and strengthened my skills of strategic communication.
Tackling three advocacy experiences for the first time in one semester proved to be challenging, but even more, rewarding. Each experience taught me different skills and lessons, providing me with opportunities to apply my skills in a variety of formats of advocacy. Although each experience required my skills to be applied differently, one consistent requirement was my confidence. Without underlying confidence, I would not have persisted through all three experiences in one semester. It can be difficult to find the confidence to power through when you are stressed, confused, scared and nervous amongst many other feelings. However, the only way to learn to build that confidence is by doing it. My main takeaway from my first semester in advocacy is that often doing something you may think you do not want to do, or will not interest you, ends up being way more beneficial than you can imagine. Whether I end up practicing transactional law or litigation, the skills I have gained from my experiences in advocacy can benefit me in all kinds of environments throughout my life, professionally and personally. I strongly believe every law student, whether they are interested in it or not, will be able to find a benefit they can apply throughout their journey as a growing attorney. At the end of the day, you may end up liking it more than you believe, but there is no way to be certain until you try it. Because I decided to go outside of my comfort zone and try different kinds of advocacy, I have a newfound passion for litigation and advocacy.
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