Bryan Guertin and Ben Snow, both Law ’15, recently beat out teams from five other Ontario law schools to win the province’s trial advocacy competition -- the Arnup Cup.
They had spent more than three months getting ready for the annual competition sponsored by WeirFoulds LLP and organized by The Advocates’ Society. As they entered the Toronto courtroom on February 4-5 with the Arnup Cup on the line, though, they understood their preparations might be rendered meaningless as soon as the first witness took the stand.
“I think the biggest challenge of the competition is the inability to be completely prepared,” says Ben. “Although we did run-throughs with all of these different witnesses, we didn’t know what the witnesses were going to do on the day of the trial. Also, we didn’t know what our opponents’ witnesses were going to do.
“It was all about improvising, thinking on our feet, and adjusting our strategy.”
The Queen’s team proved up to the challenge, bringing back the Arnup Cup to Macdonald Hall for the first time in two years. The duo’s student coach, Tony Paciocco, Law ’15, was impressed by how quickly Bryan and Ben raised objections during the trial.
“It’s difficult when you are hearing evidence come out to respond immediately and spontaneously, but both of them did a thorough job, and I think they really impressed the judges,” he says. “I know they caught their opponents with their hands in their pockets at certain points, unsure of what to do.”
The team received information about the criminal law case in October and was told it would represent the Crown at the trial. Leading up to the competition, Ben and Bryan prepared the Crown’s case by outlining questions to ask the witnesses and preparing their exhibits. A month out from the competition, they did complete run-throughs of the trial and practised five or six times a week.
The mooters drew on the expertise of their academic coaches (both alumni): Robert Goddard, Law ’90, staff lawyer with the Correctional Law Project, and Joseph Dart, Law ’05, a lawyer at Viner, Kennedy, Frederick, Allan and Tobias LLP in Kingston and a former assistant Crown attorney. Local criminal defence lawyer Michael Mandelcorn, Law ’85, local Crown attorney Laurie Lacelle, Law ’96, and Professor Don Stuart also provided feedback and advice. Fellow students helped immensely with the team’s preparation, too, volunteering their time as witnesses and evaluators. Law school staff member and theatrical performer Megan Hamilton counselled the team on vocal delivery.
From his experience, Bryan says the Arnup Cup competition serves as an invaluable experience for those training to become lawyers. “The feedback from lawyers and fellow students really helps with public speaking and preparation skills.
“In terms of criminal advocacy, the competition is incredible,” he continued. “Once we become lawyers, we will never have months to practise a case and have people critique us and higher-ups say ‘you should take this approach.’ Here no one’s life is on the line; no one is going to jail, so that takes some of the pressure off.”
The Queen’s team will now vie for the Sopinka Cup at the national trial advocacy competition later this month in Ottawa. Last year Sabrina Goldfarb and Natalie Johnson, both Law ’14, participated in that competition after finishing second at the Arnup Cup.
In addition to the Arnup Cup win, students in Queen’s Law have earned two top-three finishes in other moot competitions so far this year. Queen’s Law placed second in the annual Mathews Dinsdale & Clark Canadian Labour Arbitration Moot and third at the Canadian Client Consultation Competition.
-- Mark Kerr