Thursday, 10 August 2017

Summer Student in Motion (Court)

My interest in litigation was first sparked by my experiences mooting in law school. So, this summer when I was asked if I would like to personally go to court to bring a motion I was very excited to have the opportunity to experience the “real thing”. In this blog entry, I wanted to highlight some of the takeaways of what was one of the most exciting parts of my summer experience.


Unlike what you see on TV, litigators do not spend all of their time in court.

Putting Pen to Paper
Unlike what you see on TV, litigators do not spend all of their time in court. In fact, some of the most interesting aspects of the litigation process involve formulating arguments and drafting legal documents. So, before I could bring the motion I had the opportunity to actually draft it. Being able to draft the materials I would be submitting to the court was also a very helpful way to prepare.

Getting Ready: Mentorship and Self-Prep
The lawyer supervising me on this task sat down with me to answer my questions and go over what had happened on the file to date, and what I should expect when I went to court. He very kindly answered my dozen or so questions about everything from court decorum to what floor the courtroom would be on.

Even after all of that preparation, I still woke up early on the day to go over all of my materials, make sure I knew where all my documents were located in my binder, and prepare responses to the list of possible questions I’d be asked. I also printed off all of the possible legislation I could be drilled-on.

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The Big Moment
I arrived early to court and waited for the courtroom to be unlocked, then I filled out the requisite forms and waited for my turn. I was glad that I had participated in so many moots in school because it definitely helped tame my nerves!

When it was my turn to speak I answered the Master’s questions and gave my reasons where necessary. Court, it turns out, at least at this level, was less about the Master trying to trick you with difficult questions (like in moot court) than it was about the Master trying to figure out why you were there. I was still very happy I had spent (so much) time preparing for questions because it made me feel poised and confident!

In the end, our order was signed and I was left with an amazing experience! I can’t wait until the next time I’m able to step-up to the podium!

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