Prologue
Just like formal debates, mooting is such a competitive form of legal argumentation. It represents the skills of courtroom presentations by practicing lawyers in India. It is a cornerstone for legal education where law students are offered opportunities to hone their advocacy skills in a client-like representation. It also plays a great deal of contributory benefits in shaping a student’s professional legal career by improving their research skills, reading, understanding, and pragmatically applying the relevant laws, and building confidence in students to become outstanding public speaking experts. It is proud to say that effective mooting reflects good advocacy skills in students. However, mastering the skills of effective mooting does not come without efforts. It requires a great deal of meticulous preparation and a systematic approach by students. It requires, first, gaining the enthusiasm to learn and improve one’s legal skills. It further requires dedication and rigorous endeavors in reading and understanding laws and ultimately turning those clear understandings into practicalities. In this blog, we shall peruse into the art of mastering moot competitions and offer comprehensive guides that walk dedicated law students into the path of winning in every competition. We shall do this by starting from the selection of moot competitions to the skills of crafting persuasive arguments and gaining strength in oral advocacy skills.
Choosing the Right Moot Court Competitions This is always the first step in considering getting into any moot court competition. There are several factors to be considered while deciding to compete in a moot court, such as the field of law, the competition’s reputation and the level of the competition. A student considering entering a moot competition should consider those factors and ensure they align to their interest of law. This is crucial, as random selection of moot problems many times turns out to be too tedious and extremely hectic during times of research and law analysis.
Reading and understanding the mood problem: Upon selection of the mood court competition, a student shall read the mood problem thoroughly to understand every bid of lines and paragraphs, including the interpretation of such terms included. While reading moot problems, the most common mistake students usually make is reading it as a common ordinary reading without paying much attention to interpreting every word in it. Moot problems are usually technical to read and grasp every word. It is drafted in a way that allows students to identify loopholes and craft arguments on both sides. And for that, it usually carries certain ambiguous words and phrases that only critical reading and analysis can digest. Therefore, effective reading of moot problems is one step into the winning bracket. One needs to read and interpret them as many times as possible to clear every doubt in them.
Conducting thorough Research on Laws and Case precedents Having thoroughly read and understood the moot proposition, a student then needs to embrace proper research. This includes researching about the particular laws involved, the jurisdictional aspects of the Court involved, as well as the relevant precedents to substantiate arguments. One must note that effective research is always the core of every argument. It helps widen the scope of one’s knowledge and understanding of situations. Therefore, conducting extensive research about the moot proposition, relevant applicable laws and case precedents is crucial in preparing for any moot competition. Proper research builds confidence and confidence tunes-on the winning mentality.
Crafting Persuasive Written Arguments – While researching, ensure to begin framing your arguments and citing relevant case precedents. The credibility of the argument depends on the depth of research been conducted. Learning proper research skills improves the skills of argument and that the combination of good research skills and persuasive argument crafting skills is the basis of winning in every moot competition. Therefore, while preparing for a moot competition, ensure to persuasively craft your arguments while adding come creativity into order to ease oral submissions. An abstract draft of argument may not win a moot competition but the flavor of creativity in an argument most probably does.
Developing Oral Advocacy Skills: Now that you have thoroughly read and understood the moot proposition, done proper research, and crafted a perfect argument, the next step is developing the advocacy skills and perfecting oral submissions. Here, effective communication skills in a lawyer’s approach matter. Every Mooter must be able to effectively communicate their messages in a way that it is clearly understood and able to ignite a response. It is a common practice that most times students, scared by the limited time durations, want to read and finish every bit of their memorials while leaving the podium. Merely reading the entire argument won’t fetch a win. It is important to ensure that while catching up with time, a student should make sure that their arguments are well submitted and straight forward. One may start their arguments with the toughest ones so as to prove their points. This will help in grounding their stands and providing clarity in their arguments. It is also a trick to avoid being caught by time while preserving such concrete arguments at last. Therefore, while preparing for oral submissions, it is necessary to work on confidence building while speaking out points with clarity and ensuring to present the best points first.
Effective Time Management: Effective time management is another crucial aspect of effective mooting that equally determines the chances of winning. Just like actual courtroom practices, every moot competition has allotted time scales for all participants. It is highly recommendable to stick to the allotted times and ensure that all relevant points are clearly stated within time. Additional times are discretionary by the bench and therefore not reliable. Therefore, mastering time management skills during oral submission practices gives a Mooter an advantage over their opponents.
Preparation for Oral Rounds: This involves mock trials and practice sessions. During this phase, one should engage in moot court practice with teammates, coaches, and other fellow students and friends while focusing on effective delivery of your arguments and responding to questions from judges while addressing counterarguments. This will enable you to perfect your speaking skills and also prove your proper understanding of the moot proposition, the relevant legal provisions and the case precedents cited in your argument for substantive purposes.
Understanding the Courtroom Etiquette: This is particularly important in displaying your professionalism while giving your submissions. It involves familiarizing oneself with the standard courtroom manners, protocols, decorum, and other relevant procedures being followed in courtrooms. Therefore, it is important to practice professional conduct, which comprises proper and appropriate dressing and use of appropriate words and phrases in courtrooms, such as “the honorable bench” while refereeing to the judges and “my learnt counsels” while referring to the opposing party. Effective use of such professional conduct is always credited with points by judges in the competition.
During and after oral submissions: While for the oral submissions, it is crucial to maintain balance. Confidence, clarity, and effective time management are essential in this phase. This is the actual time to display your research and understanding of the entire circumstances in the moot competition. Therefore, it is necessary to remain grounded and firm while making submissions. This will help boast confidence in responding to questions from judges and also countering objections from learnt counsels. Immediately after the oral submissions are completed, consider taking feedback from the judges and using it to make necessary improvements. This is because the essence of the competition is perfecting one’s legal skills in argument, research, case analysis, and presentations.
Conclusion
Mastering the skills of mooting can be hectic but yet a crucial aspect of improving student’s skills of advocacy. It shapes greatly the ability to research, read, and analyze facts, interpret relevant legal provisions, and apply them to real-life arguments. While aspiring to become a successful lawyer and an advocate, it is recommendable for every law student to engage in such practices as moot court in order to brand their careers with perfect advocacy skills.
By Charles Anyama Kalisto
