Minnesota State Bar Association Mock Trial Training November 1, 2006 Minneapolis, Minnesota Honorable Janice M. Culnane State of Minnesota Office of Administrative.

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Presentation transcript:

Minnesota State Bar Association Mock Trial Training November 1, 2006 Minneapolis, Minnesota Honorable Janice M. Culnane State of Minnesota Office of Administrative Hearings

Welcome to Mock Trial Your opportunity to develop a practical understanding of the American Legal System.

Lawyer Professionalism: What We Do and How We Do It

We live in a society governed by laws.

Laws provide FairnessSafetyOrderPredictability

Professionals in all fields work within our laws. TeachersDoctors Business Owners

Families live within our laws EducationHealthcareFinancesPropertyNeighborhood

Proactive Legal Advice DocumentsContracts Establish Policies Create fair and dependable processes

Resolution of Disputes Discuss problems informally Arbitration or Mediation Initiate Litigation Settlement Courtroom Proceedings Mock Trial

Mock Trial participation is legal experience.

Competition is part of the process.

MOCK TRIAL Outstanding Professional Outstanding Professional Performance Award Performance Award*Individual*Team *Attorney Coach

Lawyer conduct is governed by the Minnesota Rules of Professional Conduct and Lawyer Professional Aspirations

Minnesota Rules of Professional Conduct Client – Lawyer Relationship Representation Diligence Communication Confidentiality Duties Fees Conflict of Interest

Role as Counselor or Advocate Expediting Litigation Candor Towards the Tribunal Fairness to Opposing Party Impartiality and Decorum

Transactions and Law Firm Associations Communications Responsibilities

Information About Legal Services Communication to the Public Advertising

Maintaining the Integrity of the Profession Bar Admission Misconduct Disciplinary Authority

Public Service Every lawyer has a professional responsibility to provide legal services to those unable to pay.

Professional Aspirations Judges and lawyers will conduct themselves according to high professional standards and commit to: Judges and lawyers will conduct themselves according to high professional standards and commit to: dignity, dignity, integrity, and integrity, and independence. independence.

Professional Conduct The substance of lawyering. The substance of lawyering.

Professional Aspirations for Judges Judges will maintain Judges will maintain control recognizing the obligation and authority to insure all proceedings are conducted in a civil manner. When judges observe uncivilized conduct, the judge will call it to the attention of attorneys.

Selected Professional Aspirations for Lawyers in Mock Trials We will conduct ourselves with honesty. Our word is our bond. Our word is our bond. We will treat the judge, attorneys and witnesses in a civil and courteous manner. We will abstain from disparaging personal remarks or acrimony. We will disagree without being disagreeable. We will not ask a question for the purpose of harassing or embarrassing anyone. We will not engage in conduct which brings disorder or disruption.