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...

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...

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...

Introduction During tough times, or when we are under a lot of stress, we all lean on mantras or aphorisms to keep ourselves going. One of my favorites is “fake it till you make it.” Statements such as those are meant to remind us of our values and bring us a sense of...

Take Trial Advocacy This past summer, I took Trial Advocacy with Professor Hatcliffe. Unlike most of my other classes, there wasn’t a final. Instead, the class culminated in a mock trial. During the mock trial, Professor Hatcliffe presided as the judge, while the...

Introduction “Feel the rush, break the rules, the thrill kills.” The first line of my opening statement at my first mock trial competition. Well... I certainly felt the rush to say the least! As I stood up to deliver my opening statement, my legs were shaking and I...

As the great Evidence professor Jerome Prince once instructed: “truth, while never simple, is one of society's most essential virtues.” For a trial attorney, cross-examination is universally recognized as the preeminent truth-seeking device. During a...

Over the summer, I had the opportunity to travel to England and participate in the Study Abroad Program at the University of Oxford through Stetson Law. This program was a two-week intensive course focused specifically on trial advocacy. At the start of the course, we...

Situation. Numerous victims come forward with similar allegations. Your client committed criminal acts against them. Damage control time. You may be given a chance to make a public statement denying guilt, maybe not. Either way, advocacy starts when your client makes...

Every case has its pros, and unfortunately, its cons. But one idea the best trial lawyers understand, and share, is that almost any negative can be turned to a positive. Take alcohol for instance. Alcohol often plays a damaging role in the outcome of a trial....