Recently I had the privilege of being the judge in the final of the WLR National Mooting Competition. Whilst the performance of both teams was excellent, it is suggested that most students, with appropriate preparation, could perform to a high standard.

1. Make sure that you know and understand the rules of the competition. For example, be aware of the form of the bundle you will be expected to produce (eg whether it should be tagged). Be aware of the time constraints upon each advocate, and ensure that you work within those time constraints.
   
   
2. Allocate ample time to prepare your case. You are unlikely to grasp all the nuances of the moot question at first sight. It is usually helpful to take a step back and return to your initial response later, looking to play “devil’s advocate” and to identify the weaknesses in your original argument.
   
   
3. Don’t ignore the weaknesses in your case, and do formulate a strategy for dealing with the opposition argument (ie don’t simply hope the other side won’t spot the problem. They will).
   
   
4. At the same time decide upon the team view on the question and upon the best strategy to advance your argument.
   
   
5. Be aware that you are a team. It is essential that leading and counsel have clearly identified roles and that those roles are complimentary. The advocates should not simply each rehearse the same arguments. For example the lead advocate might set out the basis for the argument that there is a contract, and the second advocate respond to anticipated suggestions by the opposition that the contract is voidable.
   
   
6. Don’t use your prepared brief as a script. It is not persuasive if an advocate simply reads out his or her notes. You should be sufficiently familiar with your brief to address the court with your head up, making eye contact. The brief should be no more than a safety net, to provide support if the advocate’s mastery of his brief is found wanting.
   
   
7. Be prepared to think on your feet. You need to be willing and able to respond to any unforeseen points made by the opposition, and to any interruption made by the judge. Don’t expect that you will be able to deliver your carefully prepared speech without hindrance from the judge. As to how you deal with these interruptions may be of critical importance as to how well you perform.
   
   
8. Be aware that you are required to “perform”. A moot is not just an academic exercise. A successful moot performance relies upon 50% preparation and 50% inspiration. Make eye contact, use appropriate tone and pace in your delivery, and firm (but not ostentatious) hand gestures. Please do not be boring. However brilliant the content of your speech might be, you will not persuade an audience if they are not listening to you.
   
   With such huge competition for pupillage and training contracts, it is crucial to have something extra on your CV. Mooting can give you that. What is more, mooting can give you greater professional confidence, and improved social skills. Finally, which is equally important, mooting is fun. If the opportunity to moot arises, then please take it. You won’t regret it.

See you next year!

Best wishes,

Derek French
Law Society Council Member

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