The Deakin Law Students’ Society Presents
The Complete Competitions Guide 2020
DISCLAIMER This publication is provided free of charge from the Deakin Law Students’ Society (DLSS) on the understanding that the editors, all contributors and any other persons related to this publication are not responsible for the actions of readers based on the information, error or omission in the publication. The views given in this publication do not necessarily represent the views of the editors, DLSS or Deakin Law School. This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may, in any form or by any means (electronic or otherwise) be reproduced or stored in a retrieval system or transmitted by any process, without special consent of the Deakin Law Students’ Society. Deakin Law Students’ Society Room EA2.17, School of Law, Deakin University 221 Burwood Highway, Burwood 3125 www.deakinlss.org
ACKNOWLEDGEMENTS Design:
Lucas Nicoll
Editor:
Georgia Gilbert
Contributors:
Manisha Dahal Georgia Gilbert Lucas Nicoll Surina Sood Simon Winiarski
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With thanks to: Kim Koelmeyer Jack Leeds
TABLE OF CONTENTS DIRECTOR’S FOREWORD
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TIMELINE OVERVIEW
I5
HOW CAN I COMPETE?
II I I 5
NEGOTIATION
I
CLIENT INTERVIEW
6 8
MOOT
10
LEGAL INNOVATION
I 12
TIPS
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ZOOM INSTRUCTIONS
I 15
DEAKIN AIR SUBMISSION INSTRUCTIONS
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16
FAQs
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RESOURCES
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DIRECTOR’S FOREWORD Hello and welcome to the 2020 Deakin Law Students’ Society Competitions Guide! My name is Georgia and I have the pleasure of being your Director of Competitions this year, alongside my Competitions Officers Lucas, Manisha, Simon and Surina. When I first was elected into this role, I had a very clear picture of how I wanted the Competitions Portfolio to run in 2020. As I am sure all of you can relate to, we have had to adapt how we will run things this year. While we knew we would no longer be able to run competitions in person, as we have done so in the past for many years, we thought it would be discouraging to not allow students an opportunity to gain the valuable skills and experience that taking part in legal competitions can offer them. We have created this guide to inform you of the many competitions we are still running and how you can become involved. We understand that now may be a very tumultuous time for students, both personally and academically, and we would like to offer you as much information as possible to still feel equipped to take part in competitions and make the most of your degree. We hope this guide gives you a good overview of the competitions we will still be running and will inspire you to compete in any way you can. Best of luck, Georgia Gilbert Director of Competitions 2020 Deakin Law Students’ Society
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TIMELINE OVERVIEW Trimester 1:
Trimester 2:
Senior Negotiation
Legal Innovation
Client Interview
Junior Moot Senior Moot Junior Negotiation
HOW CAN I COMPETE? Now more than ever, competitions are a great way for students to get more out of their law degree. This year, all our competitions will be taking place online. Different competitions will have different structures. We will be utilising Zoom meetings, DeakinAir video submissions and other platforms such as Word and PowerPoint. Many things about competitions will still be the same: you will still receive a problem scenario via email, you will still receive quality feedback from academics and you will still get a chance to compete in finals. Keep reading for a more detailed breakdown of how each competition will be run! 5
NEGOTIATION WHEN? Senior Negotiation (Trimester 1):
Sign-Ups are open during Intra-Tri Break Heats begin Week 6 (23rd-25th April) Finals are in Week 7 and 8
Junior Negotiation (Trimester 2): Sign-Ups open Week 4 Heats begin Week 5 Finals are in Week 6
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WHAT IS IT? A negotiation is a simulated practical legal environment where two teams of two people act as solicitors, who are meeting to discuss their clients’ dispute or disagreement.
HOW ARE WE RUNNING IT? The negotiations will take place over Zoom, mimicking an international conflict between parties who are from different geographical environments. This virtual negotiation is quite common in legal practice as in the digital age, it is often difficult to bring two disputing parties together (especially if it is a multinational disagreement!)
WHY IS THIS COMPETITION BENEFICIAL? Negotiation skills are a useful asset to have in everyday life. Competitions such as this allow for you to think quickly on your feet, keep your cool during conflict, brainstorm potential scenarios and get creative! From the minute you begin practising law, you are almost guaranteed to be in a situation where you must utilise negotiating skills. Whether you are interested in taking your law degree into company law, criminal law, estate law or even international law, there are always going to be client disputes that require negotiating.
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NEGOTIATION OTHER RELEVANT INFORMATION Before going into the Zoom call, discuss with your partner your BATNA (best alternative to negotiated agreement) and your WATNA (worst alternative). Consider the ‘bargaining chips’ for your client - what are you willing to sacrifice? What do they want to keep? Prepare for your opponent’s potential arguments and come up with solutions (this is a chance to get creative with solutions and ideas). This is important as the competition requires you to think on your feet, and if you have already anticipated what the opposition might demand, you won’t get flustered! Use your facts as much as you can! Read, and re-read the factual scenario to find out about your client and what is important to them. The winner of the negotiation is not the one who gets the best ‘deal’ (e.g. gets an increased salary), but the team who gets closest to their client’s wishes (e.g. working only 3 times a week on same salary). During the call, each team is able to request one ‘timeout’, where you will be assigned a breakout room with your partner for 5 minutes to discuss with each other. Finally, don’t worry if you can’t reach an agreement! It is often rare for both clients to walk away satisfied with the outcome. Remember to put your client’s instructions and wishes first; if that means sacrificing something they didn’t want to bargain, you don’t have to settle!
Competitor Testimonial ‘Doing a First Year Negotiation was a great way to gain confidence and find an interesting aspect of law outside my course. The competition was less stressful than a moot, and gave me a real interest into seeking a job with a negotiating aspect to it. Going forward I would like to keep doing these style competitions as the less “formal” nature of them make it less intimidating than a moot can be, and also allowed me to make bonds and form a great partnership with my negotiating partner. Overall, it helped me to find a fun way to apply my law knowledge at uni.’ - Jack Leeds, Junior Negotiation Runner-Up 2019 7
CLIENT INTERVIEW WHEN?
Trimester 1: Sign ups open in Week 8 Heats are in Week 9 Final is in Week 10
WHAT IS IT?
The Client Interview is a competition often run within the field of law. It aims to simulate how a lawyer would interview a potential client and to equip students with the skills necessary for this. As a participant in this competition, you will be focusing on teasing out the material facts of your client’s matter during the course of the interview in front of an impartial judge. Some clients, as could happen in practice, may not be willing to easily provide relevant information or may provide a lot of irrelevant information. You are required to distinguish between relevant and irrelevant facts and ensure your client provides as much relevant information as possible.
HOW ARE WE RUNNING IT? The Client Interview competition will be run over Zoom. There will be a judge, a client, and the participants. The competitors will be able to break for discussions utilising the breakout rooms function in Zoom.
WHY IS THIS COMPETITION BENEFICIAL? This competition will prepare you for life as a lawyer. You will learn invaluable skills about how to interview potential clients and will be more developed than other lawyers in this area. Doing this competition online via a Zoom call is very important as it is a skill that will be useful for practice. Sometimes you may not be available to meet with your client in person due to location or other difficulties, so this competition will prepare you for that reality.
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CLIENT INTERVIEW OTHER RELEVANT INFORMATION Anyone can participate in this competition, and if you don’t have a partner we can pair you up with someone! Your client interview will take around 30 minutes, including 20 minutes to interview your client and 10 minutes to receive feedback from the judge. The dress code for this competition is corporate attire (yes, even for an online competition!) The main criteria you will be assessed on is your ability to work as a team, the relevance of any questions you ask, and your ability to gain your client’s trust. Look at the DLSS Client Interview Handbook for more information!
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MOOT WHEN? Junior Moot (Trimester 2):
Sign Ups open Week 1 Heat submission due in Week 2 Finals in Week 3
Senior Moot (Trimester 2):
Sign ups open Week 2 Heat submissions due in Week 3 Finals in Week 4-5
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WHAT IS IT? Mooting involves two teams providing legal arguments and advocating for their party in a fictional scenario before a judge. Each team consists of two students. Upon receiving the scenario (usually 3-5 days before the moot), the competition involves teams researching the relevant law and preparing submissions on behalf of their allocated party. The judge will often ask questions in order to test students on their knowledge of both the facts and the law, and provide feedback following the moot.
HOW ARE WE RUNNING IT? While finals will be taking place over Zoom, during heats students will be required to create written and video submissions. While the prospect of creating written submissions may seem daunting, it is similar in substance to oral submissions that have been required in previous years. Students must assess the facts given to them and create an argument on behalf of their client, using relevant case law and legislation. They must then organise these arguments in a consise manner to be presented to judges. To accompany these written submissions, students will be required to film themselves presenting these arguments, as if in a court room. You are able to create two separate submissions (one for you and your partner) and share the workload.
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MOOT WHY IS THIS COMPETITION BENEFICIAL? Whilst the prospect of mooting can seem intimidating, the purpose of this competition is to provide students with a training ground for their future career, should they wish to enter the legal profession. Everyone is a beginner, so it is important to approach this as positive experience – no one is there to criticise you or destroy your confidence! The mooting competition also provides students with invaluable experience which cannot be taught in a classroom. Not only does it enhance your verbal communication skills and teach you to articulate a legal argument, but also to think on your feet. The vast majority of students find this a thoroughly enjoyable experience and do not regret signing up.
OTHER RELEVANT INFO Make sure to write your submissions in a straightfoward fashion. Your written submissions will not be judged on word count or use of adjectives, but rather content, clarity, and application of the law.
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LEGAL INNOVATION WHEN? Trimester 2: Proposals open in Week 1 Proposals close in Week 7 Finals are hosted in Week 9
WHAT IS IT? Legal Innovation is our newest competition, and allows students a chance to explore the many ways technology and law intertwine.
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Students are encouraged to recognise areas in the law where access to legal services could be improved and create a proposal on how they would combat this using technology. This could be through the creating of an app, website or online resource. This competition is only limited by your own creativity. Students must identify an area of law where they believe something could be improved (this could be access to justice or management of resources), develop an idea for an app or other technology that could improve this and outline how and why their idea is relevant, beneficial and practical to their chosen area.
HOW ARE WE RUNNING IT? Students are invited to create and submit proposals on what you think could be improved during Trimester 2. While your proposal may be the creation of an app or website, you do not actually need to build this for the purpose of creating your proposal. This comeptition has no strict rules on how students must submit their proposals, so we encourage you to get creative. You could present your proposal in a written form, utilising PowerPoint or even create a video proposal! Your proposals will be assessed on relevance, structure, practicality and effectiveness in combatting your chosen issue. The creators of the best proposals will be invited to present their ideas to a Zoom panel of judges to determine who will be our Legal Innovation champion for 2020! 12
LEGAL INNOVATION WHY IS THIS COMPETITION BENEFICIAL Technology in law is a continually growing field, therefore skills in technology are an increasing asset. Now more than ever, the ability to use technology skills in the workplace will prepare students for a career in the legal field. This competitions also gives students the freedom to explore an area of law that they are passionate about. Instead of us telling you which area of law to research, this is your chance to research areas that interest you and where you think improvements can be made.
OTHER RELEVANT INFORMATION Students can submit their proposal during Trimester 2 any time before the Week 7 deadline. This can be in any form of your choosing. This flexible deadline is a great way for any students juggling work, study and other commitments to become involved.
Competitor Testimonial ‘Participating in Legal Innovation pushes you to consider: how we can do law better? It’s a great way to engage with larger issues in the provision of legal services. You have to take an objective eye to the way we do law, identify real problems and propose a solution in response. For those wishing to bring an entrepreneurial edge to their law studies, or if you’re up for a unique, interesting competition, I would highly recommend Legal Innovation. At the very least, you come out of it having examined the legal profession in a new, exciting perspective - you will certainly be better for it.’ - Kim Koelmeyer, Legal Innovation Runner Up 2019
TIPS This year, all competitions will take place in an online platform. This means that anyone with internet access and a webcam can compete. Some tips for competing at home: • Technology can be fickle, so make sure you select a reliable device to use and let the competitions team know if you are having any technological issues as soon as possible so we can work to resolve them. If you are having difficulties immediately preceding your heat, please contact us via phone. • If your heat is happening via Zoom, make sure to log in 15 minutes before it is scheduled to begin. • Choose a clean, quiet space to compete in. Your bedroom or study will work perfectly; just make sure that it looks presentable and you won’t be disturbed. • You will need to wear corporate attire for heats, as you will still be judged on presentation. This means a suit jacket or blazer, with a tidy shirt and a business tie for gentlemen.
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ZOOM INSTRUCTIONS Zoom is an online meeting platform that allows multiple parties to connect in real time. After you have signed up for a competition, a member of the competitions team will send you your competition materials via email. We will also send you a Zoom invitation for your heat via email. This invitation will include the Meeting ID, URL and password. 1. Select the device you will use to compete. We recommend using a computer, however any device with audio and visual capabilities is fine. You will be judged on appearance and composure, so please make sure your device is fitted with a camera so that judges can see, as well as hear you! 2. If you are using a computer, simply click on the URL from your invitation email to be taken straight to the meeting room. Alternatively, visit the Zoom website (zoom.us), select ‘Join a Meeting’ and enter the Meeting ID. When prompted, enter the meeting password. 3. If you are using a tablet or mobile, download the free Zoom application. Enter the application, select “Join a Meeting’ and enter the Meeting ID. When prompted, enter the meeting password. 4. You will now be in the virtual waiting room. Once all parties are present, a member of the competitions team will invite you into the meeting.
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DEAKIN AIR SUBMISSION INSTRUCTIONS DeakinAir is an online resource where Deakin students can upload videos for various study purposes. For both Junior and Senior Moot heats, competitors will be required to create written submissions and provide a video recording of themselves presenting these submissions, as if in a courtroom. 1. Record yourself presenting your arguments. You can do this using the video/camera function on your computer or with a tablet or mobile phone. 2. Sign in to DeakinAir (video.deakin.edu.au) using your Deakin student login. 3. Click ‘ADD NEW’ in the top right corner and upload your video. 4. When prompted, select to publish your video as ‘Unlisted’. Judges will only be able to access ‘Unlisted’ videos to score you, so this is very important. 5. When your video has been published, copy the video URL to the top of your written submissions. Students will be provided with a template for ease of submission.
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FAQs Q: How can I sign up for competitions? A sign-up link will be posted on the DLSS Facebook page and also on the Bachelor of Laws unit site.
Q: Where can I receive more info on competitions strategies? The DLSS has previously published Mooting, Client Interview and Negotiation Guides, available on our website. You can also find other resources online. The ALSA website has lots of great resources, including video examples.
Q: I don’t have a partner. Can I still compete? The DLSS has a ‘No partner? No worries!’ policy. If you don’t have a partner, sign up on your own and we will find a partner for you. We aim to match students together that are in similar year levels, meaning you will get to compete with your peers.
Q: I’m a JD student. Can I still compete? Yes! Students in any stage of their LLB or JD course can compete in Senior Negotiation, Senior Moot, Client Interview and Legal Innovation.
Q: Who can compete in Junior competitions? Junior Negotiation and Junior Moot are reserved for first and second year LLB students and first year JD students.
Email director-competitions@deakinlss.org with any specific enquiries. Please check our Facebook page to stay up to date with all competitions news. 17
Resources DLSS Moot Guide http://deakinlss.org/wp-content/uploads/2019/03/MootGuide-2019.pdf DLSS Negotiation Guide http://deakinlss.org/wp-content/uploads/2019/05/2019-Negotiation-Guide.pdf?fbclid=IwAR21flE1wMwVITZkULvpf6mik2YNrosikOMDzLyvxJOzIIfvKn0GwM0_4Uk DLSS Client Interview Handbook http://deakinlss.org/wp-content/uploads/2019/03/2019-DLSS-Client-Interview-Handbook.pdf ALSA Mooting Information (Written Submissions) https://alsa.asn.au/competitions/championship-moot
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