2013 High School Mock Trial Program

There is more to life than eDiscovery.

I have coached a high school mock trial team for the past three years. I also serve as the chairman of the bar association committee that organizes the tournament with the Santa Clara County Office of Education and Santa Clara County Courts.

The tournament lasts the month of February, starting with 20 high schools with approximately 20 students each, competing to represent our county at the state finals. Every Tuesday and Thursday, students take on the roles of attorneys, witnesses, courtroom clerks and bailiffs to prosecute and defend a fictional criminal case.

Over 45 judges and 150 attorneys volunteer after a full day of work to make the tournament a reality for high school students. Moreover, law firms and service providers all have donated time and resources to create this opportunity for youth.

Case in point: We were short attorney volunteers for the first two nights of the competition. One of the district attorneys, effectively singlehandedly, recruited DA’s, Public Defenders and County Counsel to make up the scoring attorney deficit.

Where does this dedication to community come from?

For some, it is a belief in ensuring the future of the judicial system. For others, helping others is simply the right thing to do.

So, for everyone volunteering across the country who help others in county mock trial programs, thank you.

And yes, my team wears matching bow ties and scarves.

Mock Motion in Limine Arguments to Exclude ESI

Michael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20^th, 2008.

 The Best Practices Summit included a mock motion in limine hearing.  In the fictional case, the Plaintiffs attempted to prove breach of contract and break of fiduciary duty with email messages, native file contracts and a voice mail.  The Defendants sought to exclude these exhibits on admissibility grounds.

 Watch Mr. Berman’s arguments to see the admissibility challenges to the electronically stored information.  Also note, on the right screen you can see CT Summation iBlaze with a Real Time transcript and on the left screen the exhibits presented with Trial Director by inData Corporation. 

Witness Cross Examination on Social Networking Evidence

The following Cross Examination is from the Ivize Mock Trial in Palo Alto on October 21, 2008.

The fictional case was Main Street Auto v. At Home Accounting.  Main Street Auto used At Home Accounting as an online accounting service.  At Home Accounting was hacked, resulting in the loss of plaintiffs’ financial data, resulting in identity theft and monetary damages. Main Street Auto sues for breach of contract, breach of fiduciary duty and negligence.

“Dale Patton” was a defendant who blogged about problems with At Home Accounting’s security and his personal practices at work. The key exhibits included text messages, a Facebook profile and a blog.

The masterful cross examination was conducted by Charles Smith, Esq., of Hartnett, Smith & Associates.