Monday, January 11, 2010

High school lawyers


So, do we really need lawyers? That's the question mankind has asked for generations. Could even high school students -- given a year's part-time training -- be qualified to try a lawsuit?

I'm mulling over a fascinating pile of paper that's been prepared for use in an upcoming high school mock trial. Before me, spread out over my dining room table, is a summary of facts, lengthy statements by eight witnesses, some jury instructions, several exhibits, and a federal grand jury indictment of a one-time radical environmental activist.

Because the matter is pending before the court, as we lawyers like to say, I won't go into any detail. I'll just say that the indictment is for an alleged arson committed against a fictional Washington research university, and that it was allegedly motivated by a professor's genetic engineering studies. In general, although not in specifics, the case resembles an actual arson that occurred a few years back in Seattle.

My involvement is fairly low key. I am putting together my version of the federal government's case against the defendant, and will spend two evenings, 2 ½ hours each evening, acting as the U.S. Attorney, opposed by students acting as attorneys for the accused environmentalist. This will be only a "mock" mock trial, one of several the students will put themselves through, intended to help them get ready for the actual interscholastic competitions that will occur in the spring.

I am completely impressed. This particular high school has a middling reputation in the city: not a bad school, but not one of the two or three outstanding schools, either. I asked the moderator this morning how harsh I should be in objecting to improper questions and inadmissible evidence. He told me to forget entirely that these were high school students. He said that the kids have been studying the federal rules of evidence since last spring, and that I should treat them with no more mercy than I would opposing counsel in a real trial. The students want to know every kind of objection and argument that might be thrown at them when they get into the actual competition.

These young people have been giving up an evening of their time, once a week, since last spring. They will continue to do so until the competition. They are doing it not for a class grade, but for fun, glory, excitement, experience -- and perhaps for the résumés accompanying their college applications.

Whenever I hear comments to the effect that "kids nowadays are no damn good," something like this comes along and knocks me off my feet. I'm working like crazy to be a worthy sparring partner when I confront them for my first meeting with them next week. I'm eagerly looking forward to seeing how they perform. I'm happy for them, and with the schools and YMCA organization that have made this learning experience possible.

I'll give you my impressions of the experience later. Meanwhile: "May it please the court ... "

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