THE SIGNIFICANCE OF “TRIAL PRACTICE” AS A COURSE CANNOT BE OVERSTATED. Should it be required in law school?

By Jerry Boies, Esq. ’12

Trial, especially jury trial, is a vital part of this Nation’s system of checks and balances. In addition to free election, trial is the process by which we hold our government accountable. Whether it is on behalf of a small farmer in Fresno County, Calif., fighting to prevent his land from being encroached on by the government or an undocumented immigrant or a Black person being stopped by the police without reasonable suspicion, the necessity of diverse and skillful representations in courtrooms across the country is imperative.

What is Trial Practice?

Trial Practice is the course in which students learn different components of trials and essential advocacy skills while performing certain aspects of the trial of a simulated case. I believe, other than the first-year required courses, Trial Practice was the most important course that I took at NCCU School of Law.

From the inception of this country, there appears to have been very little disagreement about the importance of jury trials. Thomas Jefferson wrote to Thomas Paine in a letter dated July 11, 1789, “I consider [trial by jury] as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.” As the sole dissenter in Parklane

Hosiery Co., Inc. v. Shore, 439 U.S. 322 (1979), former U.S. Supreme Court Chief Justice William Rehnquist reiterated that sentiment stating that, “[t] he right of jury trial in civil cases at common law is a basic and fundamental feature of our system of federal jurisprudence which is protected by the Seventh Amendment. A right so fundamental and sacred to the citizen, whether guaranteed by the Constitution or provided by statute, should be jealously guarded by the courts." Id.

As a trial lawyer representing clients in cases with great significance for my clients, certain communities and industries, I would be the first person to put forward that our system of justice is far from being perfect. However, unlike when Henry II could issue a Writ to those electing the Bishop of Winchester (1171) to order them “to hold a free election, but forbid [them] to elect anyone but Richard [his] clerk,” our justice system is designed to prevent such arbitrary and capricious infringement on our freedom. In other words, I would not trade our justice system for any other system around the world.

Being a trial lawyer is a privilege. In the courtrooms, trial lawyers are called to assist in safeguarding certain fundamental rights that we cherish every day, such as one’s entitlement to live, work, vote, and pursue his or her dreams in an environment free of any kinds of discrimination. Trial Practice is where you begin to learn the required skills to be an effective trial lawyer.

In closing and in the interest of brevity, I recommend you read “Eight Traits of Great Trial Lawyers: A Federal Judge’s View on How to Shed the Moniker ‘I am a Litigator’” by former U.S. District Judge Mark W. Bennett. But I would like to add one more attribute I believe a great trial lawyer ought to possess, and that is: a preeminent reputation. A trial lawyer’s reputation is her most important currency. Having an unimpeachable reputation for integrity, candor, reasonableness and civility with your clients, the courts, the jury and opposing counsel will serve you well long term.

1 2 3 4 5 6