THE BENEFITS AND IMPACT OF MOOTING ON ADVOCACY SKILLS

??Theoretical knowledge and practical knowledge are like two sides of a coin. One needs to study both equally to be well-rounded in their chosen field or career path. Law students are to be trained to be the best advocate they can be. The earlier one starts to put into practice how best to defend and be a good spokesman, the better it is for such an individual. What makes a good advocate? A good advocate has apt knowledge of the law, is a master at gathering the material facts, has good skill in forensics, is respectful, demure, follows due process, deals justly with adversaries, is honest, dedicated to his/her client, truthful to the court, and most importantly, persuasive.[1]

Before delving into this expose, it is pertinent to define the key terms which are ‘mooting’ and ‘advocacy skills’. Mooting is a mock trial where parties to a fictitious argument argue their points as if they were in a real court, an acting judge listens to both sides and determines who wins the case. It is an emulation of a court hearing whereby those participating examine a problem, research for necessary laws, put together written submissions and present an oral argument.[2] It is a form of an oral proceeding largely practiced in universities and institutions where law is taught as a course, to see how efficient a student is in making arguments based on law.[3] Mooting can be said to be a co-curricular activity. It is practised at many law schools where participants get involved in simulated court or arbitration proceedings involving drafting memorials or memoranda and taking part in oral arguments.[4] Mooting is essentially more of a practical session for law students to balance with the theoretical aspect they are taught during lectures or to put into practice what they are being taught. Some students act as witnesses and others as the prosecuting or defense counsels.

Advocacy is the act of pleading or arguing in favour of something. It involves recommending, arguing a cause, speaking in favour of something, defending and appealing for another. Advocacy is an art and not a science. Advocacy skills are the skills one needs or acquire to be a good spokesman. Advocacy skills include drafting skills, research, networking skills, communication skills, analytical skills, presentation skills, etc.[5] However, advocacy in itself can be seen as a skill. It is a skill used by legal practitioners to present or propose an argument to a court to persuade the court to make a decision that favours their client or that would benefit their client. Advocacy involves analyzing cases, drafting a skeleton argument which is a short overview of the areas of controversy in a case, cross-examining and examining witnesses, making oral and written submissions and being able to present a strong cause.[6]

How exactly does mooting help in boosting these advocacy skills in law students in Nigeria? The activity of moot and mock inculcates in law students the necessary skills, knowledge and etiquette needed in preparation for a trial proceeding and during trials in court. Mooting is usually held in a moot court which is a makeshift court. It simulates a real court. There is a bench for the judge or the judges, a witness stand, a clerk table, attorney tables and a spectator area. This would enable law students to be familiar with how an actual court setting is and where participants in a trial are to stay or to be stationed. For example, in Nigerian courts, the defence counsels stay on the left-hand side of the room (right-hand side of the judge) while the prosecuting counsels stay on the right-hand side of the room (left-hand side of the judge). The basic manners and etiquette for a court trial that a future legal practitioner should possess are being inculcated in them through the activity of mooting. Some of these manners and etiquettes include bowing to the judge when a person enters a courtroom even if the judge doesn’t acknowledge it. Also, knowing when to bow and when to stand in a trial proceeding. In the last moot and mock trial I attended, hosted by Compos Mentis Legal Practitioners for my department LAWSAN, Babcock University Chapter , it was a magistrate court setting and the guest judge being a Magistrate of the Ogun State Magistrate court, corrected the counsels to address her as ‘Your Worship’. Mooting activities teach us the appropriate titles for the respective judges.

?Also, participants are taught legal formalities and terminologies used in a courtroom. For instance, solicitors are called, ‘my friend’ while barristers are addressed as, ‘my learned friend’. Law students are also taught not to keep pens or pencils in their hands while making an argument before a judge nor should they wave it while speaking to a judge as it may be seen as an act of disrespect to the judge. One of the things that moot and mock trials teach is reverence to the court at all times, no matter the circumstance. One is not allowed to back the bench when sitting and when leaving the courtroom, one should bow before the judge before he takes his leave.[7] The sacredness and sanctity of the court are not overlooked even in a makeshift court or even during a mock trial.

There are however some things that should be avoided during a mock trial. Law students are taught never to lie to a judge and should rather ‘plead ignorance’ although it may make such counsel look bad, it protects the sanctity of the court. Statements such as ‘I think’, 'I feel' should be avoided. Instead, they can say, ‘I submit’. One is also to avoid interrupting or speaking over the judge. Law students in the process of mooting may get into the character they portray and are taught to control their emotions such that no matter how enraged one is, he/she should never leave the courtroom during the trial.

How do moot trials occur? First of all, a moot case is presented to the two parties, the defendants and the plaintiff. Usually, the moot case is made up and not a real case. A deadline is given to the two parties to submit their skeleton argument to the judges before the court hearing. Any delay from either party may lead to a deduction of marks from that party. The opening statements and closing statements are prepared. Each team meets to discuss and find loopholes that will be beneficial to their client. Those who would be the acting councils would be chosen. Memorials and the necessary drafts such as witness statements are written and also exchanged between parties. The skeleton arguments are also exchanged between the parties to enable each party to know the weak points of the opponent and how to defend their client. This aids in preparation for the court hearing and also boosts equality. This helps to reduce the time spent in court. Other participants are also brought by each party to act as witnesses to support their cause. These witnesses are briefed on the role they are to act and they are also trained for cross-examination from the opposing councils. Efforts are usually placed more on those acting as expert witnesses because the best way the opposing council can discredit a witness from the party is to prove that he/she is not knowledgeable in the field they claim to be in. On the day of the moot court, three councils usually represent the plaintiff and defendant each. Each council is always advised to be time conscious as allotted time would be set for them.[8]

Including mooting activities in the curriculum of Nigerian law students would be advantageous to them. Mooting helps students to learn how to think like lawyers. Moot and mock help in the development of research skills of the students as what they gather during research is what they would use to defend their clients. Participants don’t only research facts for their clients but also against their clients to be ready for anything the opposing council may throw at them. There is so much value in the capability to speak persuasively when pursuing a legal career in Nigeria and through the activity of mooting, this value is inculcated in law students. Moot and mock build teamwork and help law students to meet people from different backgrounds and how to work with them. It helps them to see what the outside world looks like. This leads to the development of communication skills as well. Knowing how best to talk to certain individuals with different personalities. The way moot and mock help to boost one’s confidence should not be undermined. Students learn to present their points strongly and confidently. Indirectly, it boosts their argumentative skills and self-belief.[9] Law students would learn how to read a moot problem by participating in moot and mock. They practically learn how to identify issues in a case and how to find the appropriate rules and principles that would be used to solve the issue.

The whole essence of mooting is to institute in law students the general idea of what they are being taught theoretically and improve their legal skills. It helps to develop in them the ability to argue before a judge in an acceptable manner. Including one’s experience of mooting in his/her resume may also increase the possibility of getting job opportunities. Efficient and effective lawyers would be beneficial to society at large and the activity of moot and mock helps in the early breeding of effective and efficient lawyers in Nigeria. Mooting in general helps law students to practice before they become real professionals in their field. ‘Practice makes perfect’, they say and it is not in exclusion to law students and mooting. Aside from the first-hand practice it gives law students, it also gives them some experience. Moot and mock competitions especially between different schools would open law students into various types of cases; the simple ones, the controversial ones, the complicated ones and many more. Also, mooting motivates law students to be more outspoken and gives them a different insight and perspective on what is being taught to them in their classes. Creative thinking is also enhanced in the process of mooting. During actual court trials, it is often said to expect the unexpected. The same thing in mock trials especially from the opposite councils in their statements, theories and proposition. Law students develop their ability to think creatively on the spot to solve newly arisen problems. It helps them to unlock critical thinking skills.[10]

Career-wise, mooting increases job opportunities for law students. Law firm scouters or recruiters are more interested in people who have experience, are knowledgeable and are equipped with the necessary advocacy skills which mooting provides. They are looking for people who stand out amongst their peers in the labour market, those who have something that others don’t have. Mooting gives that experience to law students. Also, law students with mooting experience would help Nigerian law firms by reducing the cost of training their recruits.

However, some law students shy away from participating in moot and mock and after realizing its numerous benefits, one is left dumbfounded. Why do some students refuse to participate in the mooting activity? In most institutions, moot and mock is an extra curriculum and is not compulsory. When students think that participation in no way helps to improve or increase their GPA and CGPA, they tend to pay less attention to it. Also, as law students, the workload seems a lot to handle already, ranging from ‘dictionary-sized textbooks’ to numerous assignments and projects and the bulky courses one has to read for exams and tests. There seems to be no time for some students to participate in such extra-curricular activities. Some may even use the excuse that they don’t want to practice any aspect of the law that would require them to go to court most times. Either way, the ancillary skills one would gain from participating in mooting activities would help to go a long way. It is an issue of priority. Yes, mooting may not be for every law student but it is something every law student should give a try to. Also, students should learn to be organized and plan activities in such a way that they would be gain holistically.

The experience of moot and mock is a one-of-a-kind experience that law students go through. They get to learn a lot of things through this process, things that may not be taught to them theoretically during lectures. It fully develops the advocacy skill that all lawyers must be equipped with.

It is without doubt that the activity of moot and mock does enhance advocacy skills in Nigeria. Asides from the development of advocacy skills, it has numerous other benefits such as an increase in career opportunities. Mooting helps law students by providing the practical knowledge that they won’t find in books which is necessary for granting holistic learning. It is a way of learning by trial and error. At the end of a mock trial, the judges make corrections to each council which helps them to learn from their mistakes and do better next time giving them an edge when they finally begin to practice law. Most Nigerian universities that offer law as a course make available the provision of a moot court. It’s best to put that facility to actual use and enhance the skills of its student. It makes Nigerian students better advocates than those without any prior experience. Mooting is a way a student is groomed to be proper in the field in which they wish to study and its benefit cannot be overlooked.

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#lawpractice #law #mootcourt #mooting #advocacyinaction

[1] Sunil Sharma, ‘Mock Trial and Mooting’ (Law Page) <https://lawpage.in/professional_ethics/mock-trial-moot> accessed 20 January 2023.

[2] Sanjana Tripathy, ‘Why Mooting Matters?’ (iPleaders 2 August 2019) <https://blog.ipleaders.in/mooting-courses-law-students/?amp=1> accessed 18 January 2023.

[3] Saksham Chhabra, ‘Importance of mooting’ (iPleaders 27 June 2018) <https://blog.ipleaders.in/importance-of-mooting/?amp=1> accessed 18 January 2023.

[4] Wilkie Aboyowa Anita, ‘Mooting: A Key Tool to Develop Advocacy Skills’ (Bridge House College 20 May 2021) <https://www.bridgehousecollege.com/mooting-a-key-tool-to-develop-advocacy-skills/> accessed 18 January 2023.

[5] Nataliia Krynytska, ’10 Skills You Need as Advocacy Officer’ (Human Rights Careers) <https://www.humanrightscareers.com/magazine/advocacy-officer-skills/> accessed 18 January 2023.

[6] Wilkie Aboyowa Anita, ‘Mooting: A Key Tool to Develop Advocacy Skills’ (Bridge House College 20 May 2021) <https://www.bridgehousecollege.com/mooting-a-key-tool-to-develop-advocacy-skills/> accessed 18 January 2023.

[7] Ibid.

[8] Emma, ‘Developing a Legal Mind: Mooting & Mock Trial’ (Minds Underground 2 July 2020) <https://www.mindsunderground.com/muarticles/mooting> accessed 20 January 2023.

[9] ‘How Important are Moot Competitions for Law Students’ (Sharda University Blog 6 October 2021) <https://www.sharda.ac.in/blog/amp/how-important-are-moot-court-competitions-for-law-students/> accessed 19 January 2023.

[10] Saksham Chhabra, ‘Importance of mooting’ (iPleaders 27 June 2018) <https://blog.ipleaders.in/importance-of-mooting/?amp=1> accessed 19 January 2023.