So how did a guy with an eagle carving on his dining room table plus another on a bookshelf and a third on my bedroom wall — alongside a wolf painting, a wolf carving, even the comforter on my bed — end up in the finals of my favorite mock trial competition helping the one institution that happens to be a rival of both my undergrad and professional school alma maters?4
My team, from L to R: Jonathan Williams ’15 (Defense), Michelle Markham ’14 (Swing), Dave Fitzgerald ’15 (Plaintiff), Eli Sevcik-Timberg ’14 (Student Coach)
Well first we had an amazing team. I was a little nervous at the start because only one student was a 3L; the other two were 2Ls who’d never competed in anything before, and the 3L student coach assigned to work with me had experience but not in TYLA.
I also got the impression at a few points in practice that our goal was just to not embarrass ourselves — I don’t think anyone (admittedly, myself included) thought we had any shot at going anywhere.
But let me tell you: when it counted, they competed. All three of them turned in solid performances to nab the #6 seed after the first three rounds, setting up a semifinal match against the University of South Carolina for Sunday morning. They promptly slaughtered USC and pushed us on to the finals.5
“But TDot! But TDot!” I hear you saying, “WHY were you working for them?”
Aaanndd… that’s where the title for the blog post comes in.
Last winter my 2L/3L TYLA coach6 and I had talked about the future of NCCU Law‘s team and whether there’d be a spot for me anywhere as an assistant coach. Nothing ever happened with it, so in the Spring I volunteered to be one of the guest judges for the TYLA Regionals when they were hosted by Campbell Law down in Raleigh.
For my round I watched an absolutely superb performance by a team from WFU Law — a team that ended up getting functionally disqualified when a meritless protest was filed over WFU’s cross-examination of the other side’s expert, and the “protest committee” voted to give them -0- points for the cross.7 I felt bad for them. And I also decided that I hated the idea of “just” being a judge if our ballots could be summarily disregarded by a 5-member committee of other competing coaches.
Fast forward to early October. The Monday before the 2L/3L trial team tryouts to be exact. I still stop by the NCCU Law building on a fairly regular basis, so during one of those trips while I’m down in our clinic area I make some inquiries about the process to become a trial team coach.
Now in retrospect I don’t know what response I expected. I figured, at the very least, it would be something along the lines of “All the coach spots are filled for every team at the moment, but when something opens up we’ll let you know.”8 Instead the response I got was as clear as it was unambiguous: “Coaches have to have 5 years of practice experience. That’s the rule.”
I was a smidge annoyed. But rules are rules, right?
So a couple days later, when I’m down in Wake County for a traffic case, I talked with one of my 2L AAJ trial coaches (a District Court Judge down there) about how he got involved. Apparently someone just called and asked him to do it. But he went on to tell me no one even asked him to return as a coach my 3L year or the year after. That in turn led me to express my frustration over how I felt the law school treated our competitions as afterthoughts, and how I really wanted to run one of these teams to show what could be done.
Well even though he’s an NCCU Law alum, he’s also a dyed-in-the-wool Tar Heel as well. He had heard the UNCCH trial team advisor was out for the semester due to a medical issue and suggested I consider looking there.
I then texted a friend of mine from my NC State days who had just graduated from UNCCH Law the prior year. She confirmed the story on the advisor and said it would be “awesome if [I] potentially think about maybe” being their coach (after confessing surprise that I like trial team ). And if I wanted her to make a call the spot would be mine.
Unpaid, but a shot nonetheless.
Not quite ready to go calling in favors, I had lunch with my other 2L TYLA coach the next week to get his advice on basically squaring off against my own school. And he said to go for it. I’m paraphrasing here, but his argument was something along the lines of “Think about what it says for Central if you do well, what it says if your alma mater’s graduates do a better job at this than their own.”
Still not fully comfortable with the thought of switching sides, I sent a text message to my 2L/3L TYLA coach to get his thoughts since he was still in charge. When he saw me at the Alumni Association meeting that Saturday, he said to take the spot as well.
So I did.
I Facebook-messaged a UNCCH 2L I knew from UNCASG, who in turn put me in touch with the Trial Advocacy Board chairman over there, who in turn connected me with the TYLA squad and a 3L student coach to assist. And the rest, as the cliche goes, is history.
“But TDot! But TDot!” you interrupt again, “WHHYYY??”
Well… because my alma mater didn’t want me
Look, you’ll be hard pressed to find anyone who loves NCCU Law more than I do (or NC State for that matter). You’ll be equally hard pressed to find anyone who takes quite as much glee in disparaging UNC Chapel Hill as I do. The students on the NCCU teams that didn’t make it were real people, including two of my mentees
And I can’t even articulate for you in words how awkward it felt when I actually typed “#goheelsgoamerica” into my phone for a Facebook status.
But the fact is it didn’t make a d*mn lick of sense for me to sit on the sidelines getting rusty for another year waiting on my alma mater to let me help. And it most definitely didn’t make a d*mn lick of sense for me to do that for 4 more years until I’d reach some arbitrary quantum of real world experience.
UNCCH needed someone. They offered me that opportunity. The folks I met turned out to be really cool people. And, having made a commitment to them, I wasn’t going to let them down.
So I didn’t.
Now the only issue at this point is really what other folks’ decide will happen next year. Because now that I know the finals are attainable, I’m not going away until nationals…
From the law:/dev/null competition-related archives:
“GTHC” means “Go to Hell, Carolina!” for the uninitiated [↩]
No comments from UNCCH homers on “omg you’re not our rival!” I’ve enjoyed enough hostility while wearing my NCSU paraphernalia to sporting events and NCCU paraphernalia to law events to know better [↩]
Frankly I don’t fully understand how we lost the final round, and got the impression the judges were scoring based on the merits of the case rather than the advocacy. But I’m also biased. [↩]
Don’t have nicknames for most of the folks in this entry, so I’m going to titles. [↩]
The ruling was improper, and it was sufficiently improper that TYLA amended their Rules for this year’s competition to prevent situations like that from happening again. [↩]
NCCU Law's 2012 TYLA Trial Teams! From left to right: Associate Coach Jessica Major '09, Head Coach Clayton Jones '03, Me, Deyaska Spencer '13, Robert Brooks '12, Jillian Mack '12, Nikia Williams '13, Omari Crawford '13. Not pictured: Associate Coach Dominique Camm '09. Photo courtesy of 雅雅 :)
Teams are a little different year — instead of doing straight 2L-only and 3L-only squads, we have two 3Ls1 and one 2L2 on one team and one 2L, one 2.5L,3 and a 3L on the other — but even with the switched up pairings we still had a team make it into the Top 8 to advance to tomorrow’s quarterfinals.
And not only did we advance, but we discovered (i) we were 1 of only 5 teams4 to win all three of our preliminary rounds and (ii) we also swept all 9 of the judges’ ballots, making us the #1 seed in the quarterfinal pairings!
For a time it didn’t seem like things were going to turn out that way.
NCCU Law’s been getting hammered with budget cuts, so we couldn’t afford to print our enlarged exhibits locally and then ship them from Durham; we had to get them printed here in Memphis before our arrival… only to discover yesterday morning (before the first round) that the order was completely FUBAR’d So rather than spending our time focusing on the upcoming trial we were scrambling to get the prints done like they needed to be, get additional prints for the stuff that never got done, etc etc.
The first round was against the University of Memphis School of Law with EIC and I on defense, and after it was over we felt pretty good — no repeats of first-round jitters like we had at both the TYLA competition and the AAJ competition last year. Then came this morning, with Shutterbug and I representing the Plaintiff against a team from Duke Law. It was the same Duke Law team that won the 1L K-S competition last year so Shutterbug was looking for revenge and did a superlative job; Duke Law’s main strength was the breadth and quality of their objections, but we had a special pow-wow before heading to Memphis where we anticipated almost everything they threw at us.
But then the afternoon session was against a team from Charleston Law and we just knew EIC and I had lost our shot. One of the other side’s witnesses was actually a witness from the Friday night round playing the same guy, so he knew our cross-examination; the Memphis hosts went out of their way to try and find someone else, but couldn’t come up with anybody so we had to roll with it. I think knowing that was an issue had both of us mentally thrown off because neither of us were really “in the zone” like we should have been from that point onward.
By the grace of God we somehow eked it out though, winning that particular round by a couple points
I was so nervous when they were announcing the results of who advanced that I completely forgot my alphabet too. The hosts were announcing winners in alphabetical order, and when they said “E” I dropped my head thinking we had lost again Then they said “H” and I did a little foot stomping before giving the team a bear hug
Coach Jones and I with the Sunday rounds poster (before the re-flip)
The 8 advancing teams got called into a side room to get entered onto the chart of Sunday rounds and call a coin toss to see who would be which side. We were originally slated to go against Mercer Law, but their team was late to the meeting (for reasons that’ll be apparent in the next paragraph) so we were given the chance to call the coin toss, won, and were slated to go against them on Defense.
Then we went back to the room to change clothes before getting dinner… only to get called back because apparently there was a ballot error,5 Mercer Law was right in thinking they hadn’t advanced after all (hence why they were late), and we had to do everything all over again with a different team. We lost the coin toss the second time and the sides have switched, so we’re now on Plaintiff paired up with Georgia Law‘s defense.
In addition to us and Georgia Law, there’s one team apiece from Wake Forest Law (NC), Campbell Law (NC), Georgia State Law (GA), Vanderbilt Law (TN), Memphis Law (TN), and Emory Law (GA).
I’m more nervous than a Mythbusters insurance agent about how tomorrow is going to go down, especially after the unexpected change in plans about who’s going on what side. But after last year — and I hate to say this in print because it seems preemptively defeatist, but it’s true — I’m totally content with where we’ve gotten. NCCU Law made it to the Sunday rounds for the first time in at least 3-4 years,6 we are 1 of only 3 North Carolina schools to advance this year, we swept everything, and we snagged a #1 seed… and, the biggest relief for me, I redeemed myself for blowing the first round last year
Totally unrelated to how things go, I want to publicly give some praise to the University of Memphis School of Law on how they implemented the competition this year. They did an excellent job of making sure the judges didn’t know what schools the different competitors were from, reminding coaches and competitors both not to disclose that information intentionally or accidentally, went out of their way to ensure there were no conflicts with judges or witnesses seeing the same teams more than once, the list goes on. The competition coordinators were moving around all over the place keeping things running like a well-oiled machine, and I greatly appreciate that.
And I’m not just saying that because we advanced I’d rather lose a fair contest than win a rigged one.
Aside from all the competition-ness, I also got to see 雅雅 who gave up her weekend to come out and support us, ate some delicious ribs and bbq from Charles Vergo’s Rendezvous, and generally just enjoy having the weight of last year’s failure lifted off my chest. It’s been a good day
I’ll keep you posted on how things go tomorrow, but for now I’m heading to bed so I can get ready for tomorrow morning. Good night y’all!
Posted by T. Greg Doucette on Jun 22, 2011 in Mail
I know y’all, it’s been well over a week since my last entry where I said I’d have this entry ready to roll “on Monday or Tuesday this coming week” — I’d give you an excuse, but you can probably already guess what it is.1
So can we all just pretend that when I said “this coming week” I meant the week after the week that was actually coming at the time? Yes? Great.
Although I’ve gotten a smattering of questions from current and prospective students in the 10 months since I last put one of these entries together, the bulk of them were so über-fact-specific that they weren’t really suitable candidates for including on the blawg. But with end-of-1L grades getting released and folks experiencing the same shellshocked reactions I saw firsthand last year, there’s been renewed interest in how NCCU Law handles grading, curving, dismissal and so on.
So, without further ado, here are your questions — answered.
A: If you read that Dean’s List entry, then hopefully it meant you also read this footnote written in anticipation of an email just like the one you sent
Needless to say, I stand by my earlier commentary. Most grades at most law schools get determined by a single final exam, or a combination of a final preceded by a midterm. These aren’t like grades in undergrad or high school or even how you’d be “graded” on a job, where you’re given multiple assignments over a given timeframe and tested on things like time management and ingenuity in addition to raw knowledge.
Now I realize there are few absolutes in life — in some cases good grades are genuinely a sign that someone’s a legal genius who will make a phenomenal attorney, and in some cases bad grades are genuinely a sign that someone just doesn’t “get it” and would end up as a Joseph Rakofsky-grade incompetent if they were given a law license.
But for the overwhelming majority of the however-many-thousands of people graduating law school every year, including here at NCCU Law, a string of subjectively-scored 1-time 3-hour exams is a meaningless measurement of someone’s skill and potential as a lawyer.
That rule applies to me too. My excitement over making Dean’s List this past Fall and again in the Spring had nothing at all to do with some misplaced belief that I’ll make an amazing litigator as a result. I just derive great joy from getting to disabuse people of their mistaken beliefs, including the higher-ranked classmates, friends at other schools, and occasional professors who all made the mistake of concluding I was an inept buffoon because I spent my 1L year saving students millions of dollars instead of worrying about my classes
The answers to the next two questions are rooted in the same background, so I’m pairing them together –
Q: Danielle asks:
Why is our curve so ridiculously low? And we don’t have A+’s?
Q: And Kevin asks:
What’s the rationale on the dismissal policy?
A:NCCU Law‘s strict-C curve and its 2.0-or-out dismissal policy are both byproducts of being what the administration labels “a school of opportunity.”
Remember that NCCU Law was created by the N.C. General Assembly way back in 1939, an era when de jure segregation was the reality across the country.3 The politicians created the law school specifically so that aspiring black attorneys could get a “separate but equal” legal education without trying to attend a white law school.4
The only other public law school in the state, UNCCH Law, wouldn’t accept black students until forced to do so by the Fourth Circuit Court of Appeals in a 1951 lawsuit challenging its admissions practices.5 Private Duke Law and WFU Law wouldn’t desegregate until the 1960s. Campbell Law, Elon Law, and Charlotte Law didn’t exist. And even if a black student managed to graduate and pass the bar exam, they were still categorically denied admission to influential industry groups like the N.C. Bar Association.
This second-class status for black attorneys and black law students was reflected in the Legislature’s second-hand funding for “the Negros’ law school,” as NCCU Law grappled with an inadequate building, a minimal law library, few faculty and related problems. As an example, for a good chunk of the law school’s history its law library was stocked with the out-of-date books discarded by the neighboring law schools at UNCCH and Duke.
The point of noting all that background is to highlight that NCCU Law was created to educate students that other schools wouldn’t take; it’s part of our law school’s DNA. That legacy is reflected in the admissions data: even today our GPA and LSAT scores of admitted students are among the very lowest in the country (we’re functionally tied at the bottom with 2 other HBCUs, FAMU Law and Southern Law). The law school views its job as providing an opportunity to people who are willing to take advantage of it, regardless of how they “measure up” on paper.
Which finally brings me around to the questions at hand From a philosophical perspective, the strict-C curve exists because the faculty believe (and I agree) that it’s the best way to gauge student performance. And from a practical perspective, law schools bumping their curves use the Lake Wobegon defense6 as a smokescreen — something that can’t credibly be done with our mission and legacy. The curve ensures students have earned the grades they get.
Working in tandem with the curve but serving a slightly different purpose, the law school’s policy of dismissing students if they fall below a 2.0 at the end of any year is designed to “separate the chaff from the wheat” as the Biblical saying goes. Since it’s statistically possible for every student to make a 2.0 or above, and the school is taking what it considers a “calculated risk” by admitting students whose quantitative credentials wouldn’t get them in elsewhere, the assumption is that someone who doesn’t hit a 2.0 (and hasn’t already withdrawn before Spring final exams) must not be taking their educational opportunity seriously enough to continue. So those folks get a letter telling them they’ve been dismissed and then have to wait at least a year before they can petition to return.
Q: Nina asks:
How exactly does the dismissal policy work, as far as coming back goes?
A: The dismissal policy and petition process can both be found in the Student Handbook distributed to 1Ls each year (in the 2010-11 edition it’s in §1.09). Basically only 1Ls who have between 1.8-1.999 are eligible to petition for readmission; if a student’s GPA is below 1.8, their only option is to reapply as a completely brand new student at least 2 or more years after their dismissal.
For eligible students, they get 1 chance to submit a petition to the Standards Committee for readmission the year after they are dismissed. To quote from the policy, the petition must “demonstrate that extraordinary circumstances resulted in his/her substandard academic performance. Extraordinary circumstances are those that do not ordinarily occur. Financial concerns, employment obligations, family illness or commuting distances normally involve no element of extraordinary circumstances. The petitioner must demonstrate that the extraordinary circumstances have been resolved and that, if re-admitted, he or she will be able to successfully handle the rigors of legal education.”
Following review of the petition and an optional presentation by the petitioner in person, the members of the Committee vote on whether or not the student should be reinstated the following Fall semester. Decisions on reinstatement are usually released in mid-June.
Q: Susan asks:
What are the GPA cutoffs for honors? Dean’s List? Do we get notified?
A: You can find the listings for academic honors on this page of the NCCU Law website. Cum laude requires a GPA of 3.000 to 3.299, magna cum laude is from 3.300 to 3.499, and summa cum laude is 3.500 and above. All of those are of course based on your GPA at the time of graduation.
The Dean’s List is compiled on a per-semester basis, and includes all students who earn a 3.0 and above. Students on Dean’s List can get a certificate from the Registrar’s Office upon request, a lapel pin from the NCCU main campus in the week before Convocation, and will have their name included on the massive posters created by main campus listing everyone at the entire University who made Dean’s List each semester.
And it’s up to each student to know whether or not they made Dean’s List on their own; there is no individualized “Hey btw you made Dean’s List!” emails or anything like that
That’s it for this entry y’all Thanks again to all of you for your continued support of law:/dev/null, and if you have any questions don’t hesitate to send an email to tdot [at] lawdevnull.com!
Did you really count the lights from your apartment to school?
Here’s a hint: it rhymes with “fool.” Totally coincidental. [↩]
For the new folks, I keep the names on these submissions anonymous (picked at random from the Social Security Administration’s Popular Names database) so feel free to send me an email if you’ve got a question but don’t want to risk having your name in print [↩]
A point politely ignored by nearly every law school nationwide even as they dole out admission to legacy applicants of alums who benefited from segregationist admission policies. [↩]
As otherwise would have been required by the U.S. Supreme Court’s decision in Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938), which held that states providing education for white students either needed to admit blacks or provide a “separate but equal” education for them. [↩]
McKissick v. Carmichael, 187 F.2d 949 (4th Cir. 1951), reversingEpps v. Carmichael, 93 F.Supp. 327 (M.D.N.C. 1950). And even then UNCCH only accepted students who had already completed their first 2 years at NCCU. Admitting blacks as incoming 1Ls wouldn’t occur until later, and the rest of campus wouldn’t be desegregated until a post-Brown decision handed down in Frasier v. Board of Trustees of Univ. of N.C., 134 F.Supp. 589 (M.D.N.C. 1955). [↩]
They admit students with higher GPAs/LSATs, and therefore “all of our students are above average.” Even though we all know the main motivation behind bumping curves is to artificially make graduates appear more competitive in the job market. [↩]
Posted by T. Greg Doucette on May 5, 2011 in The 2L Life
I’M OFFICIALLY A 3L!
Although I didn’t have as much time to study for my (9am) Criminal Procedure final as I had planned — courtesy of my near-catastrophic failure to write down the correct exam time — I suspect I got enough of the material right to pass the course. So I’m claiming the 3L status now instead of waiting however long it’s going to take for the Professor to confirm it
To celebrate, I’m going to do absolutely nothing at all tonight except relax.
And since (i) “absolutely nothing” would include refraining from productive blogging and (ii) I had my own potential issue with “wrong place / wrong time” yesterday, I thought now would be a decent time to embed a YouTube clip of the audio from my closing argument that I gave during the TYLA National Trial Competition regionals a little while back
I don’t have a video feed to go with it so you’ll miss out on some of the theatrics, but this was the closing when we went up against the WFU Law team in the very last round (and essentially ate them alive). Hope you like it!1
And for the computer science folks in the audience, this video uses the new HTML5-friendly iframes format for embedding video — if you have trouble playing it, let me know so I can figure out what’s wrong! [↩]
Posted by T. Greg Doucette on Mar 12, 2011 in The 2L Life
It’s been awhile since I’ve posted anything here at law:/dev/null, largely due to spending Spring Break this past week trying to get caught up on life post-trial team season. I’m still not there yet, but I figured if I waited to post until I was caught up on classwork I wouldn’t have any readers left
So what’s been going on over the past week and a half here in Legal Eagle territory? Here’s a bulleted rundown:
Friday (03/04/11): The 2L team’s first round in the AAJ STAC was against the 3Ls from WFU Law. There were some initial jitters when we found out I had already met the presiding judge — the coach of the GSU Law team Christie and I dismantled at the TYLA NTC — but since we didn’t really know how to go about asking for a recusal (and didn’t even know if doing so would even be appropriate given AAJ’s chronic shortage of judges) we just went ahead and did our thing. EIC and M&M were counsel for the defense on that case and turned in a top-notch performance. It provided a big confidence boost to Tinkerbell2 and I heading into the Saturday rounds.
Saturday (03/05/11): And with that confidence in-hand, we torched the next two teams we faced on Saturday Tinkerbell and I were counsel for the Plaintiff for both rounds, and we first went up against 2Ls from I’m-not-entirely-sure-where.3 The results could be summed up like this: Tinkerbell was so devastating on cross-examination, their lead counsel blurted “DAMN!” in exasperation when yet another one of his objections was (properly) overruled I also got to deliver my first “split” closing, which went over well with the jury both in its execution and content.
NCCU Law's 2L and 3L AAJ Trial Teams :D
We followed that beatdown with a match against the 2Ls from WFU Law, in what was hands-down the toughest match we had. Their cross-examination was sharp, and it seemed like every evidentiary ruling made by the judge was going in their direction whether it was warranted or not. Tinkerbell finally shook them off their game during her cross-examination of the Defendant, who started fabricating facts under the pressure. I was sufficiently heated at that point4 that I was out for blood when it came time for closing arguments, and proceeded to beat the Defense over the head with their own inconsistencies. It was all very satisfying Afterwards we headed to a post-competition reception, then went back to the hotel and played spades at its downstairs bar until last call.
Sunday (03/06/11): We found out our 2L team came in 7th place overall5 and only the Top 4 would advance to the semis, so Sunday got spent checking out the Centennial Olympic Park, the Georgia Aquarium, and then packing up to head back to the Bull City. Before leaving the hotel we also ran into MDG… which was vaguely reminiscent of a 1L nightmare I used to have where I tried to hide from my teachers but they always seemed to find me no matter where I went.6
Monday & Tuesday (03/07-08/11): Both of these days get lumped together because they were both spent knocking out life necessities — several loads of laundry, apartment cleaning, turning in travel-related paperwork, and so on.
Wednesday (03/09/11): Had a business lunch with the Pickle Princess, who I hadn’t seen since the April festivities celebrating the end of my second term as UNCASG President. After catching up on how our respective lives had progressed over the past year, I gave a tour of my alma mater to a quartet of her students who were participating in a FFA competition we were hosting. Turns out one of them even wants to go to law school eventually If I ever get sick of the whole “being a lawyer” thing, I think I’d really love being a booster for N.C. State and for NCCU Law
Thursday & Friday (03/10-11/11): These two get lumped together too, since they were basically split between watching the opening games of the ACC tournament and trying to catch up on all the mounds of schoolwork that amassed themselves between focusing on TYLA, focusing on SBA, and focusing on AAJ.
Which brings us to today: catching up on law school work, catching up with law school friends, and catching up on the law school blog
God willing I’ll be able to resume my somewhat-normal life now that I’ll have some free hours again, which in turn should (hopefully) mean more work around the blawgosphere — keep your fingers crossed!7
And until then, have a great night y’all!
I did, however, nearly choke to death at one point amid drinking said tea. Madame Prosecutor was not pleased. [↩]
Another 1L K-S veteran with me. She’ll probably object to this nickname, but as 1 of the 2 shortest people I know at NCCU Law I thought it was appropriate [↩]
I think they said Mercer Law, but I can’t remember for the life of me [↩]
I know it’s a competition, but lying under oath? Really? [↩]
In reviewing the ballots, we swept Saturday but somehow lost the Friday night round. Even given my natural bias toward my own team, I’m still at a loss to explain how any rational judge (let alone 3 of them) could have arrived at that conclusion. When a pair of Emory Law 3Ls kicked our butts at TYLA, I admitted it to you. The people we went against that night in AAJ were far worse, while EIC and M&M easily outperformed Co-Counsel and I ::shrug:: [↩]
He was supposedly in town for a NBA game, not to tell me my 1L CivPro grades were entered wrong and I had actually failed. [↩]
Unless you don’t actually like reading this stuff, in which case you can stop visiting [↩]
TYLA provides the witnesses for each round, and unfortunately for the GSU folks their star witness (the detective who conducted the homicide investigation) was a sweet elderly lady who couldn’t remember a single thing they told her during witness prep. Their direct examination of her dragged on and on, with counsel having to refresh the witness’s recollection repeatedly throughout. It was their very first witness too, so it not only threw them off their game for the rest of the round but also let me build my entire case off my very first cross-examination — a judicious nodding or shaking of my head, and what should have been a hostile witness gave me the exact answer I wanted without hesitation
It was a lucky break for us, but one that provided a much-needed confidence boost for the afternoon round against WFU Law. Christie and I could tell during the back-and-forth on pre-trial motions that the presiding judge was more friendly than the ones we had gotten in the two previous rounds, so we adjusted our demeanors accordingly. The WFU team did a solid job on direct and with witness prep; their detective was the most challenging for me to control out of any of the witnesses I crossed in the competition. But he could tell I wasn’t going to let him venture outside of his box, so to trip me up he started inventing facts — and did so at precisely the wrong time.
As background, you can go to the TYLA NTC website to read the fact pattern (State of Lone Star v. Robert Duffie), but essentially the only forensic evidence tying the Defendant to the crime scene was 1 latent fingerprint found on a piece of tape taken from one of the victim’s bodies. My line of questioning on cross-examination included a closing crescendo designed for maximum drama and impact — basically building up how thorough the investigation was and then pointing out all they found was that single latent print — and at the beginning of that sequence I ask if the Detective found any packaging for the tape. The answer of course is supposed to be “no”, and then I argue in closing that they found no packaging because it was the roll of tape used by the store personnel to make repairs so of course my client’s fingerprint was on it.
Well this particular detective was getting annoyed that I had kept him in the box where I wanted him for the past 7ish minutes, and doubly annoyed that the judge had been responsive to my occasional objections to his non-responsive answers. So he decides he’s going to invent facts. I ask him if he found any packaging on the roll of tape. He pauses to think, looks at me, and goes “No I didn’t. It’s my understanding from my investigation that it was the role of tape the employees used to make repairs around the store.”
I have no earthly clue how he thought that was going to trip me up, but I look at him with my jaw almost-but-not-quite on the floor. I turn to look at Christie, who looks at me like she’s not quite sure he just said what he just said but maybe he said it after all. I look at the jury members, who are giving me raised eyebrows. I look at the judge, who’s giving the witness a raised eyebrow. And in a voice that ended up cracking because I was still in total shock, I go “Well in that case sir, no further questions!”
The look on the detective’s face when he realized where I was going with it was priceless.
At that point the wheels came off for the WFU crew. Their star witness had just flamed out and their next witness had nothing substantive to add. Then we got part of their expert forensic testimony excluded on 403 grounds. Then both of our defense witnesses were phenomenal under cross-examination. Then came closing arguments, where I reminded the jury of broken promises made by the State before hammering home my “Wrong man. Wrong place. Wrong time.” theme the whole way through
It was a beginning-to-end shellacking of our own, and a fitting conclusion to our performance.
Since only the top 8 teams proceed to the semi-finals, and those top 8 get determined based on their performance on both Friday and Saturday, we learned at the banquet a couple hours ago that we didn’t score enough points to advance to the semi-finals tomorrow. But to beat 2 out of 3 teams in my very 1st competition as an advocate is a solid first step
Going to enjoy the rest of the night with my colleagues before packing up to head back to the Bull City tomorrow. It’s been a great experience, and I’m looking forward to what happens next year!
A reference to her Barbie-like features; at first glance you’d think she was a model instead of a soon-to-be-lawyer [↩]
Posted by T. Greg Doucette on Jan 21, 2010 in Mail
After Torts today I let myself get convinced by Rico to stick with my exercise routine for the New Year and go for a run outside… even though it’s only around 37ºF and raining. I couldn’t feel my fingers after the first mile They’re still defrosting, so I figure today’s as good a day as any to answer some mail since there’s plenty of point-click-copy-paste involved
And yes I know it’s literally been months since I answered reader mail here at law:/dev/null… but that’s mostly due to the fact it’s literally been months since I got any reader mail
A few of the recent entries must have triggered some latent inquisitiveness from a handful of folks though, because the inbox got e-bombed over the last week I figured I need to answer them before folks lose faith in my responsiveness
What really made you dislike BigLaw? You seem to be a workaholic, so the workload argument seems like an excuse.
A: It’s no excuse, I promise you that Am I a workaholic? Maybe. But there’s 1 key difference between when I was a BigLaw paralegal and what I do now: I actually enjoy it
Law school has been an adventure and I’ve been privileged to meet some amazing people, and running UNCASG gives me an opportunity to improve the lives of 215K+ students here in North Carolina. Compare that to law firm life, which consisted mostly of attorneys giving me things a couple hours/days before deadline or the partner I worked for deciding he needed yet another weeklong vacation and wanted me chained to my desk in case anything happened in his absence.
With law school and ASG, working during a holiday is something I do by choice; with BigLaw, it was a mandated part of my job. I’ll take the former over the latter 7 days a week
I thought it was interesting 2 of the top 4 K-S finalists were T4 schools. Any theories on that?
A: I’ve got plenty of theories, I just can’t guarantee any of them are valid
The first thing that comes to mind is the fact it’s a North Carolina-based competition, and a majority of the state’s law schools are in the lower ranks. In the latest edition of the US News rankings, Duke, UNC Chapel Hill and Wake Forest are all now in Tier 1; Campbell and NCCU Law are both Tier 4; while Elon and Charlotte both only have provisional accreditation and can therefore functionally be treated as Tier 4. So even though the bulk of teams came from UNCCH and Duke, the natural odds of the 4 finalists including a pair of T4 schools are non-trivial.
There’s probably a cultural aspect to it as well. At least here in North Carolina, NCCU Law and Campbell Law both have well-earned reputations for producing high-quality trial attorneys and judges, and that legacy is worked into things like the aggressiveness of the Socratic method in 1L classes. The T1s by contrast have a reputation geared more toward BigLaw, international affairs, research and teaching; anecdotal evidence from friends at those neighboring schools is that classes are a challenge, but not intensely so.
Most employers know that curves are set all over the place at different schools, which is why class rank is so important to landing a job rather than GPA. But for the chronic overachievers who go to law school, there is a fundamental shock to the psyche when a “good” semester is full of B-‘s or B’s compared to your fellow 1Ls at neighboring schools banking straight A’s.
Combine those latter two points — reputation and curves — and what you get are 1Ls who feel like underdogs compared to their peers, with a hunger to “show up and show out.” That’s basically what happened at the Kilpatrick-Stockton competition this year IMO (at least I know that’s what we did )
Q: Courtney expresses faux concern over the lack of structure we’ve had here since 1L Fall came to an end:
A: The lack of structure that comes with winter break
Not sure what the future of Tweet-sized Tuesdays will be. They were created last semester because the schedule for my section looked like a camel hump, with 5 classes on Wednesdays — that meant Tuesday nights spent studying instead of blogging. This semester has the pain spread throughout the week. I’ll have a better idea as we get closer to midterms if I need to curtail the time spent writing here and bring Tweet-sized Tuesdays back
As for the Friday Drive-by, that’ll be resuming at some point here in the next few weeks