ROLES & RESPONSIBILITIES

From Speaking With A Purpose: Jo Thornton & Jessica Pegis

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.

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 w’s)

Prepare your witnesses for trial. Prepare your witnesses for direct and cross

examination. Formulate and sequence you questioning Try to anticipate opposing counsel’s arguments. Prepare your opening statement.

Your purpose is to protect the rights of the accused or defendant and to raise doubt about the Crown’s case. Remember, your client is presumed innocent until proven guilty. The defence is not required to prove the defendant’s 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 Crown’s arguments.

IF YOU ARE THE DEFENCE LAWYER

Your purpose is to raise doubt about the Crown’s case. How?

Reveal inconsistencies in the Crown’s evidence. Challenge the credibility or believability of the

Crown’s 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.

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?

STEPSo Know your character. Through your words, the story and

your lawyer’s theory of the case will unfold. o Who are you?o What Happen?o What did you see, hear, say, or do?o The lawyers are relying on you to know the details of

your testimony without referring to notes.o Through practice and repetition, learn the facts and

the details of your testimony.

IF YOU ARE THE WITNESS OR THE ACCUSED……

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 character’s 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. Don’t belittle or argue

with opposing counsel. Don’t answer a question with a question. If you are not sure what you’re being asked, ask the lawyer to repeat or to clarify the question.

COURTROOM SET UP

THE JUDGE WITNESS STAND

THE JURY

DEFENCE LAWYERS

CROWN LAWYERS

Court Clerk & Time Keeper

WitnessDefendant

Second Witness

Second Witness

First witnes

s

PUBLIC SEATING

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 court’s indulgence for a moment….”

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?

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.

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?