I’ll Restate the Question.
Shane was incredibly nervous about his upcoming Mock Trial Competition. His student court class woke up in the middle of the night, hopped on a bus that left at 4:00 in the morning, and arrived at the real Durham, North Carolina courthouse in time to present a civil case to an actual judge and mock jury.
Shane was one of the lawyers for the plaintiff. His greatest fear was that he wouldn’t know how to respond if one of the defense team’s lawyers objected to any of Shane’s questions.
“What is it, exactly, that’s worrying you?” I asked him.
“I just don’t know what to say back,” Shane said. “And we’re competing against another school. I don’t even know why they will object. And I don’t even know the people.”
“Just pretend that they are your friends,” I said. “And answer them as best you can.”
Later, when I saw Shane’s script, he showed me the notes he’d written in the margins. He’d analyzed all of his questions, guessed at any and all possible objections, and written down answers to every, single objection.
But when Shane questioned his witness, there was only one objection – and it didn’t have anything to do with Shane’s question.
“Objection!” bellowed the defense. “The witness is using notes!”
The judge – a real, sworn judge commissioned to oversee the mock trial – looked directly at Shane. “Your response, Counsel?”
Shane barely blinked. “I didn’t know there was anything wrong with that,” he said.
The judge stepped in. He explained for a few minutes how and when witnesses are allowed to use notes – and that, if the case were real, she would not be able to use notes. He talked about expert testimony, and the differences in kinds of testimony.
While the judge talked, Shane sat completely still. His fear had come true – the defense had objected – and this unexpected turn of events kept him listening carefully, waiting to see what would be next.
Given the nature of the mock trial, though, the judge finally said, “In this case, I will allow the witness to use notes.”
Shane didn’t stammer, and he didn’t miss a beat.
“I’ll restate the question,” Shane said. And then he restated the question.
There were no more objections made during Shane’s questioning. And after the trial ended, the other school voted for Shane as “Best Attorney” on the plaintiff’s team.
I still have the award hanging on the refrigerator, next to a photo of a very stolid Shane in his suit and tie, standing in that North Carolina courtroom.