Roles

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Roles Responsibilities

• From Speaking With A Purpose Jo Thornton
  Jessica Pegis

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If you are the CROWN (Attorney/prosecutor/Counsel)

• Your purpose is to prove the guilt of the
  defendant or accused beyond a reasonable doubt.
  The defendant is presumed innocent until proven
  guilty. In a civil suit, the purpose is to show
  on a balance of probabilities that the defendant
  is liable or negligent
• STEPS
• Critically analyze your case.
• Summarize the relevant legal issues.
• What must you prove to win your case?
• Develop a common vision and game plan. (create a
  theory)
• Prepare your closing argument first. By writing
  your closing argument first and having a clear
  purpose in mind, you and your team can determine
  exactly what you have to prove.

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• The crown must disclose (make known) all evidence
  and exhibits to defence counsel.
• Decide on the order in which witnesses will
  testify.
• Meet with and interview your witnesses. (they
  should know the 5 ws)
• Prepare your witnesses for trial.
• Prepare your witnesses for direct and cross
  examination.
• Formulate and sequence you questioning
• Try to anticipate opposing counsels arguments.
• Prepare your opening statement.

4
If you are the defence Lawyer

• Your purpose is to protect the rights of the
  accused or defendant and to raise doubt about the
  Crowns case. Remember, your client is presumed
  innocent until proven guilty. The defence is not
  required to prove the defendants innocence.
• STEPS
• Begin by carefully reading the indictment (the
  formal written charges). It will indicate the
  charges against your client. (Where did it
  happen? When did it happen? Who is named in the
  indictment? What is the alleged offence?)
• You may need to research applicable laws.
• Summarize the relevant legal issues.
• What must the Crown prove to get a conviction?
• Anticipate the Crowns arguments.

5

• Your purpose is to raise doubt about the Crowns
  case. How?
• Reveal inconsistencies in the Crowns evidence.
• Challenge the credibility or believability of the
  Crowns witnesses and evidence.
• Demonstrate how the Crown or plaintiff will fail
  to prove his or her case.
• Is it due to insufficient evidence?
• Is it due to a lack of reliable or credible
  evidence or witnesses?
• Decide on the order in which your witnesses will
  testify.
• Meet with and interview your witnesses.
• Know the strengths and weaknesses in your own
  case. Be prepared for damge control.

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IF YOU ARE THE WITNESS OR THE ACCUSED

• Your main purpose is to testify truthfully in
  court. Your testimony is evidence. What did your
  character experience first-hand in relation to
  the events in question?
• STEPS
• Know your character. Through your words, the
  story and your lawyers theory of the case will
  unfold.
• Who are you?
• What Happen?
• What did you see, hear, say, or do?
• The lawyers are relying on you to know the
  details of your testimony without referring to
  notes.
• Through practice and repetition, learn the facts
  and the details of your testimony.

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• Remember, the trial is a drama. Strive to bring
  your character to life.
• Strive to make your character believable, For
  example, stay in character for the duration of
  the trial, or try to come up with reasonable
  answers to difficult questions.
• Think about your characters attitude and
  mannerisms. Are you supposed to be young? Old? An
  expert witness? A police officer? How would the
  witness or defendant walk to the stand? What
  might his or her voice sound like? How might your
  character dress?
• Speak clearly so that your voice can be heard.
• Avoid Sarcasm and jokes. Dont belittle or argue
  with opposing counsel. Dont answer a question
  with a question. If you are not sure what youre
  being asked, ask the lawyer to repeat or to
  clarify the question.

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COURTROOM SET UP
THE JUDGE
Court Clerk Time Keeper
WITNESS STAND
DEFENCE LAWYERS
CROWN LAWYERS
THE JURY
Witness Defendant
Second Witness
First witness
Second Witness
PUBLIC SEATING
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How to Address the judge, opposing Counsel, and
the Accused

• Always refer to the accused as the defendant and
  call them by his or her formal surname.
• To refer to opposing counsel
• my friend or Counsel
• To make a submission or to continue
• May I proceed, Your Honour?
• To ask permission
• May it please the court.
• To confer with the judge
• May I approach the bench, your Honour?
• To approach the witness stand
• May I approach the witness, Your Honour?
• To confer with opposing counsel
• May I have the courts indulgence for a
  moment.

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DEVELOPING A THEORY

• A PERSUASIVE THEORY HAS 3 ELEMENTS
• It is logical
• It is based on evidence
• It is simple and compelling
• Develop your theory by asking yourself these
  three questions
• 1. What happened?
• 2. Why did it happen?
• 3. Why does that mean my client should win the
  case?

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ARE YOU READY TO PRESENT YOUR CASE?

• Know your role and purpose.
• Know the facts of the case.
• Coordinate your team. Share the vision. Visulaize
  the storyline.
• Develop a simple, compelling theory of what
  happened and why.
• Decide on the order of witnesses.
• Plan and write your closing argument first.
• Plan and write your opening statement.
• Design and sequence your questions for direct
  examination and cross-examination.

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ARE YOU READY TO PRESENT YOUR CASE?

• List relevant exhibits.
• Evaluate and prepare each witness, assessing
  factual weaknesses and inconsistencies in his or
  her testimony.
• Anticipate possible objections from opposing
  counsel.
• Identify credibility problems in your case.
• Prepare each witness for cross-examination.
• Re-evaluate and rework your closing argument.
  What story will you have told? How will you have
  proven it?