BLOGS
Our advocates’ experiences, ideas, thoughts, observations, and opinions…on the record.
The Expert Witness: How to Master the Direct and Cross of an Expert
The Different Types of Witnesses In litigation, lawyers rely on the testimony of witnesses in order to present their case. Lay witnesses, which are the most common kind of witnesses, are individuals who have knowledge about certain events and will describe what they...
Five Interchangeable Skills for Moot Court and Mock Trial
Introduction Before coming to law school, I had no idea that there was such a thing as moot court or mock trial. To be quite honest, I thought they were interchangeable, and essentially the same thing! Instead, I came to learn (as everyone else did) when the 1L Louis...
Theory, Theme, Execution
Introduction As a law student, professional, and member of Haub Law’s Advocacy program, I have had the privilege to observe and participate in courtroom proceedings. One thing that has become clear to me is the difference between arguing your case and arguing the law....
The “Grieving Families Act” Harmful or Helpful?
Introduction New York State Senate Bill S74A was recently approved by the New York Legislature. Known as the “Grieving Families Act,” it seeks to significantly expand the right to recover damages in wrongful death actions in New York.[1] It is expected to be signed by...
Advocacy in the Pre-Trial Stages
Introduction It may come as a surprise to some that a lawyer can, and should, prepare a case for settlement in the same manner as they prepare a case for trial. An attorney’s preparation for trial, including a deep and thorough analysis of the facts, legal issues, and...
A View of COP27: The United Nations Climate Change Conference
Introduction Advocacy goes beyond the courtroom. A good advocate can find themselves negotiating international treaties and making change for the world while still applying many of the concepts we learn in domestic U.S. classrooms. Mastery of material, charismatic...
The Definition of an Advocate
Introduction In combination with my personal life experiences and my law school experience, I created my own personal definition of an advocate. In my perspective, to be an advocate is of course a legal one. We all have different opinions of what an advocate may be....
Point-Counterpoint: Debating the Logic of FRE 404
Introduction Character Evidence is a difficult evidentiary concept to understand. Federal Rule of Evidence (“FRE”) 404 prohibits the admissibility of character evidence when used to show propensity of a particular conduct.[1] Propensity means “[a] natural tendency to...
The Disappearing Oral Argument: Why Your Written Brief is so Important
Appellate advocacy has undergone massive change since the founding of the Supreme Court in 1789. In its early years, the Court only required oral advocates to submit brief statements that merely outlined the points of their case.[1] As a result, the Justices listened...
The Best Witness is a Prepared Witness
Introduction Often during Mock Trial Competitions, the main focus for areas of growth is based on in-court performances such as opening statements or examinations. However, there are many detailed areas of trial advocacy that can be focused on to elevate performance...
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