TRIAL ADVOCACY

SUMMER SEMESTER 2023

HOUSON R. LAFRANCE
hlafrance@stu.edu
hlafrance7@gmail.com
Overview:
Trial Advocacy is a combination of logical case analysis applied to specific moments in a
trial. It is a “learning by doing” course – you develop your ability by applying the skills
taught in the context of the case analysis and the substantive law. This semester you will
analyze case files, prepare exercises based upon that analysis, and then perform discreet
portions of a trial in a simulated courtroom environment. The course will include case
analysis, opening statements, direct and cross-examination of witnesses, objections,
closing arguments and jury selection.

We will cover oral motions, handling exhibits, examination of witnesses, impeachment,

and trial preparation. Both civil and criminal trial problems may be used.

This course prepares students to competently perform in the common situations lawyers
face every day in trial. The first step in that preparation is to recognize that trial advocacy
is an art - not a science. Even experienced trial lawyers may disagree as to how a particular
skill should be performed. Your development as an effective advocate will depend upon
your ability and willingness to analyze contradictory advice and to determine which
approach is best for you and your client in any given situation. You can maximize your
learning opportunities through maximum preparation and commitment to performing in
the moment for every assigned exercise.

We will accomplish this goal through 100% class attendance and thorough preparation.
You are expected to be in class each day the section meets, on time and prepared for the
day’s exercise. The attendance policy for St. Thomas University School of Law shall be
enforced.

REQUIRED COURSE MATERIALS:

Modern Trial Advocacy Analysis & Practice: Six Edition (MTA)

ASSIGNMENTS:
Individual assignments for the semester are contained in the syllabus below. We will
identify the next assignment to be performed as we proceed in class. You are responsible
for reading and absorbing the appropriate primary text in MTA, especially on technique.
Each chapter of MTA covers the appropriate skill in detail; it becomes obvious very
quickly when a student has failed to read prior to performing. We will cover most of the
material in MTA and you are encouraged to read ahead. You should supplement this
reading outside sources. Should you miss a class, you are responsible for obtaining your
assignment for the next class from another student or from me. We use a building block
approach where students learn one skill at time, starting with the most basic techniques.
Therefore, in addition to the homework assignments, we will use in-class drills and
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demonstrations to teach and re-enforce the building blocks of trial advocacy. The Federal
Rules of Evidence will control our courtroom during most of the semester, although we
will discuss the Florida Evidence Code, where it differs from the Federal Rules of
Evidence.

CLASS PARTICIPATION:
In addition to regular class attendance, you must come to class prepared and must actively
participate. Because we are attempting to simulate the courtroom experience, you will be
required to participate whether you are prepared or not. We will be using several
different fact patterns throughout the semester. I expect full and complete knowledge of
the pertinent facts contained in these fact patterns as you prepare for your roles as
advocates and witnesses. The only way to accomplish this is to commit yourself early and
often to a continuing and vibrant approach to case analysis. Remember that if you fail to
adequately prepare as the witness, you are affecting your fellow class members’ abilities
to practice at a higher level of advocacy skills.

Your class participation will include your role as advocate, witness, judge and evaluator.
When not actively participating in an exercise, you are expected to give your full attention
to your fellow classmates while they are performing and to participate in the critiquing
process. Learning a new skill requires observation as well as participation.

GRADING:
This is a three (3) credit graded course. The grades in this course will be based on the
following factors:
a. Preparation and performance of the assigned exercises (both as advocate and
witness)
b. Class participation in critiquing performances
c. Demonstration of appropriate courtroom decorum

To receive a grade in this course, you MUST comply with the attendance policy set out
above and complete ALL the assignments. Just “going through the motions” will not be
accepted - I expect a good faith and well-prepared best effort from each student.

STUDENT LEARNING OUTCOMES

By the end of this course:

• Students will demonstrate knowledge and understanding of the law and the
American legal system.
• Students will demonstrate competency in issue spotting, analytical and problem-
solving skills.
• Students will communicate effectively and with civility.
• Students will demonstrate competency in legal practice skills.
• Students will exercise proper professional and ethical responsibility to clients and
the legal system.
• Students will demonstrate awareness of their moral and ethical responsibility to
society.

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DRESS:
Dress requirements exist in all federal and state courts, and they apply in our trial advocacy
class as well. We will train the way we fight. Therefore, students are required to wear
“appropriate courtroom attire” for all class sessions. Such appropriate attire includes coats
and ties for men and professional clothing for women, i.e. suits or business-style dresses.

COURTROOM DECORUM:
This class will emphasize the importance of proper courtroom decorum, professionalism,
and demeanor towards the court, the jury, and opposing counsel, in additional to trial
procedures. You should conduct yourself in all class exercises and discussions as if you
had already taken the oath to uphold the law and the standards of our profession. Your
courtroom demeanor and performances will be critiqued on the basis of adherence to
ethical rules including zeal, candor, competence, loyalty and confidentiality.

Subject Matter and Assignments1

Pre-Class: Read Chapter 1 & 2.

Class 1: Class Exercise: Come to class prepared to actively participate in

advocacy drills.

Class Lecture: An overview of trial. Discussion of how-to analyze a

case from start to finish.

Assignment for Next Class: Read Chapter 3 and prepare a written case
analysis for the fact pattern.

Class 2: Class Exercise: Discussion of Case Analysis

Class Lecture: Jury Selection and Techniques

Assignment for Next Class: Read Chapter 15 and Prepare Jury

Selection

Class 3: Class Exercise: Jury Selection

Class Lecture:

Assignment for Next Class:

1 Subject to change.

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Class 4: Class Exercise: Jury Selection (Continued)

Class Lecture: Discussion of Opening Statement and Technique

Assignment for Next Class: Read Chapter 13 and Prepare an Opening

Statement

Class 5: Class Exercise: Opening Statements

Class Lecture:

Assignment for Next Class: Read Chapter 5 & 6.

Class 6: Class Exercise: Opening Statements (Continued)

Class Lecture: Discussion of Direction and Cross Examination

Techniques

Assignment for Next Class:

Class 7: Class Exercise: Direct and Cross Examinations

Class Lecture:

Assignment for Next Class: Chapter 7 and prepare a cross-examination.

Class 8: Class Exercise: Direct and Cross Examinations

Class Lecture: Discussion of Impeachment and Objections.

Assignment for Next Class: Chapter 9 and Chapter 13

Class 9: Class Exercise: Impeachment and Objections.

Class Lecture: Discussion of Closing Arguments and Techniques

Assignment for Next Class: Chapter 14 and prepare a closing argument

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Class 10: Class Exercise: Closing Argument

Class Lecture:

Assignment for Next Class:

Class 11: Class Exercise: Closing Argument

Class Lecture:

Assignment for Next Class:

Class 12: Final Trial (Tentative)

Class 13: Final Trial (Tentative)