Bobby Randhawa (3L), Mr. Shawn Beaver (external advisor), and Philip Prowse (3L), at the 2013 Western Canada Trial Moot competition in VictoriaThe Coughlin/Western Canada/Sopinka Trial Cup Moot is a criminal trial moot and involves the analysis of a criminal case, and presentation of the case to a jury. The moot is designed to prepare students for a jury trial, working with live witnesses, and a real-life fact situation.
After winning the Coughlin Moot competition, University of Alberta's Faculty of Law students Bobby Randhawa (3L), and Philip Prowse (3L) participated in the Western Canada Trial moot competition, which was held on February 15-17, 2013, in Victoria. They were assigned the role of defence counsel and competed against the team from the University of Victoria, who acted for the Crown.
Last November the Faculty held the in-house criminal trial moot, the Coughlin Moot competition, which was open to any second or third year U of A law student. At the end of the Coughlin Moot competition, the two judges, Aleksandra Simić (Alberta, Beaver Leebody Frank & Simić, and U of A Law Class of '06), and Dane Bullerwell (Alberta, Pringle Chivers Sparks), both criminal defence lawyers, in consultation with the assessor of the moot, Shawn Beaver (Alberta, Beaver Leebody Frank & Simić), selected the winning team of Bobby Randhawa (3L) and Philip Prowse (3L). The winning team went on to represent the U of A Faculty of Law at the Western Canada Trial Moot, in Victoria in February, 2013. Six teams, one from each law school in Western Canada, participated in this latter moot competition. The same moot problem was used in both the Coughlin Moot and the Western Canada Trial Moot competitions.
"I was also fortunate to have the daily help of Alexsandra Seaman, my articling student, who graduated from the U of A last year," exclaimed coach Shawn Beaver. "The witnesses who helped us get ready included Dave Lloyd (2L), Nicole Rodych (3L), Marissa Tordoff (U of A Law Class of '09) from the law firm of Dawson Stevens Shaigec, Mark Facundo (2007) U of A grad, also from my law firm."
After winning the Coughlin Moot competition, Philip Prowse and Bobby Randhawa had the chance to work with their coach Mr. Shawn Beaver, U of A Faculty of Law sessional instructor, and senior litigator and founder of Beaver Leebody Frank & Simic, in preparation for the Western Canada moot competition. Mr. Beaver brought Ms. Alex Seaman, a recent graduate of the U of A Faculty of Law, on board and she provided assistance and advice to the students during the practice sessions for each of the moot competitions. The sessions involved Bobby and Philip presenting their opening and closing arguments in front of judges, and also working with live witnesses for questioning. The U of A Faculty of Law is very fortunate to have practicing criminal lawyers, such as Shawn Beaver, and other students, volunteer to come in to act as witnesses and provide input throughout the mooting season.
When it came time for the Western Canada Trial Moot competition the U of A team executed on everything they had practised doing with their coach Shawn Beaver. The Honourable Mr. Justice Jeffery J. Oliphant (Manitoba, Court of Queen's Bench), and the assessors Justice Adrian Brooks (British Columbia, Provincial Court) and Kimberly Henders-Miller (British Columbia, Crown Counsel), disagreed more with the U of A Law team's approach than their execution. Thus relating back to the fact that litigators having different styles. Although team U of A Faculty of Law moot team did not win, Bobby and Philip received many positive comments from other practicing lawyers who witnessed their trial. The top one or two teams in the Western Canada Trial Moot go on to the Sopinka Cup Trial Moot. This latter moot competition is generally scheduled in early March. There is a reception at the Supreme Court of Canada and a final banquet. The procedure is much the same as in the Western Canada Trial Moot. The same problem is used in all three moots.
When asked about his team's performance, coach Shawn Beaver reacted by saying, "My team of Bobby Randhawa and Philip Prowse worked very hard in their preparation and executed their trial perfectly. I could not be more proud of them."
The University of Alberta Faculty of Law would like to thank Shawn Beaver and the firm of Beaver Leebody Frank & Simic for their continued and much appreciated mentoring and support of this program.
Philip Prowse (3L) and Bobby Randhawa (3L)Interviews with the U of A Faculty of Law's 2013 Coughlin/Western Canada/Sopinka Trial Cup Moot competition team members, Bobby Randhawa (3L) and Philip Prowse (3L):
Interview with Bobby Randhawa (3L)
1. Can you please describe your moot competition experience (leading up to the moot competition and during the actual moot competition)?
The moot involves conducting a simulated jury trial. Teams of two are assigned the role of Crown or Defence and must present an opening statement, examinations in chief, cross examinations, and a closing statement. Last November the faculty held the Coughlin Moot competition which was open to any second or third year student. The winning team represents the University of Alberta at the Western Canada Trial Moot which was held in Victoria this year. The same moot problem is used in both competitions. After winning the Coughlin Moot, Phil and I had the chance to work with our coach Mr. Shawn Beaver in preparation for the competition in Victoria. Mr. Beaver also brought Ms. Alex Seaman on board and she provided assistance and advice to us during the practice sessions. The sessions involved presenting our opening and closing arguments and also working with live witnesses for questioning. We were fortunate to have practicing criminal lawyers and other students volunteer to come in to act as witnesses and provide input.
When it came time for the competition it felt like an extension of the practice sessions. There were a few surprises but that is normal in a trial situation. We mooted against the team from the University of Victoria who were a lot of fun to moot against and acted as great hosts. Overall, this moot is definitely one of the most enjoyable aspects of my law school education.
2.a. What will take away from your moot competition experience/ What did you learn from the experience?
This moot was an excellent opportunity to work on our court room skills. When I look back to when we first started there has been a definite improvement in our advocacy skills. For example, in the beginning we would find ourselves scripting arguments and questions. We have since moved away from using scripts as a crutch and instead rely on general outlines. The rest being filled in by adapting to what is happening in the court room and thinking on our feet more. On the whole, the experience has contributed to becoming more familiar with the court room and being comfortable with the dynamic nature of trials.
2.b. And how do you think you will use this learning experience in your future (education, career, etc. in law (or outside law))?
This moot is designed to develop your advocacy skills. After graduation I am going to practice in litigation and I see a lot of what I learned being applicable to my legal career.
3. If you won your moot competition, please describe the feeling of winning your moot competition? If you did not win, what did you take away from the moot competition experience?
Before entering this competition one thing I knew was that when it comes to litigation everyone has different styles. This fact definitely plays a role in a competition where teams are being judged on their advocacy skills. We both put a lot of hours in preparation for this moot and we spent time working with Mr. Beaver to tap into his extensive experience. When it came time for the competition we executed on everything we wanted to. The judges of the competition disagreed more with our approach than our execution and that relates back to litigators having different styles. We received a lot of positive comments from other practicing lawyers who witnessed our trial. Although we did not win, I can think of only a few things I would have done differently. There is a range of opinions on how to conduct a trial. Ultimately, you need to incorporate the advice you respect and feel most comfortable with as you develop your own litigation skills.
4. What advice would you offer to the next year's moot competition teams?
Be prepared to put in the hours when working on this moot. It is important to come off as calm and comfortable in the court room and this is where your preparation is important. The work you do for this moot is not just for the competition but your career as a litigator as well. Take the time to get help from Mr. Beaver who offers a wealth of experience. It is a rare opportunity to get coaching from a senior member of the bar with that level of experience. Finally, make sure you are having fun and enjoying yourself. If you are interested in litigation, running a trial should be something that excites you.
Philip Prowse (3L) and Bobby Randhawa (3L)Interview with Philip Prowse (3L):
1. Can you please describe your moot competition experience (leading up to the competition and during the actual moot competition)?
Preparation was time consuming. We did learn an awful lot about how to run all aspects of a trial.
2.a. What will take away from your moot competition experience/ What did you learn from the experience?
Sometimes you win, and sometimes you lose. I don't like losing. We lost. We executed our plan as we intended but it was not enough. I am sure this will not be the last time that I am disappointed with a result. But here is the crazy part, if we had to do it over again there is very little I would change. Why? Because the opinion of one person is not enough to make me believe our approach was wrong.
2.b. And how do you think you will use this learning experience in your future (education, career, etc. in law (or outside the field of law))?
As this was a trial moot, and I intend on having a litigation practice, the skills learned for this moot will be invaluable. I would really like to thank Shawn Beaver, Alex Seaman, and all of the other people who took the time to help us prepare - this experience was invaluable.
3.a. If you won your moot competition, please describe the feeling of winning your moot competition? If you did not win, what did you take away from the moot competition experience?
We did not win. We lost. The message here for me is simple. Losing sucks. But it should. Sometimes you will lose. This doesn't mean you should like it. Sometimes you will deliver your very best and still lose - does this mean your best isn't good enough? No. It is simply the nature of the game. That said, I can't wait for next time…
4. What advice would you offer to the next year's moot competition teams?
As you prepare you will undoubtedly receive many differing opinions regarding the quality of your style and argument. Listen to it all. Then decide what you want to do. No one person's opinion is necessarily any better than your own. This doesn't mean don't listen - just the opposite in fact. But when it comes down to it, you need to have trust in what you are doing. Oh, and don't lose. That's no fun.