This spring, 32 lawyers from diverse legal backgrounds gathered at UNB Law to sharpen their courtroom skills through the Intensive Trial Advocacy Program (ITAP). The group included in-house council, crown prosecutors, and associates from across Atlantic Canada, with some participants traveling from as far as Saskatchewan.
The week-long academic program is designed to train lawyers in basic trial techniques applicable to civil, criminal, and administrative law hearings and trials. The format is based on those developed in the United States by Professor James Seckinger of the National Institute for Trial Advocacy, and Notre Dame Law School and adapted to Canadian court practices and procedures. The course materials have been developed by Professor James E. Lockyer, K.C. (LLB'75) of the Faculté de droit of the Université de Moncton.
ITAP is structured with roughly 70% experiential learning and 30% traditional classroom instruction. The program began with a series of classroom-based discussions led by Lockyer and his team of leaders: Bruno Gélinas-Faucher, who recently joined UNB Law as an assistant professor, Laura Cutler of Fawcett Cutler Lawyers, and Crown Prosecutors, Renée Roy and Patrick McGuinty (LLB’18).
Discussions began with courtroom basics: how (not) to irritate a judge; competence and negligence; confidence and courtroom movement; primacy and recency; witness preparation; and facts versus conclusions, to name a few. This was followed by an in-depth examination of questioning techniques for both direct and cross, objection drills, introduction and use of exhibits, components/procedure for impeachment of both evidence and of a witness, direct and cross-examination of an expert witness, and opening statements.
“I enjoyed the ‘book learning’ sessions,” said Bionca Bastarache, an Associate with Canty Lutz Grant. “They gave us a good idea of the teachers' expectations once we were on our feet. These short learning sessions made me feel more prepared and not just thrown into the deep end.”
The cornerstone of ITAP is its focus on “learning by doing.” Following the classroom sessions, the group broke into sections of 8 to put these lessons into action through performance workshops. Using two fictional cases that formed the basis of the week’s learning, participants delivered opening and closing arguments, performed cross and direct examinations of witnesses and expert witnesses, introduced exhibits, and made objections—all under the guidance and critique of team leaders and guest instructors.
Recent UNB Law grad Jake Bryden (JD’23), who is currently completing his articles with NB Power, found this hands-on learning experience challenging but ultimately a transformative experience.
“It was intimidating at first, but by the end of the week, I was looking forward to standing up and practicing my skills. The feedback often came in the middle of a cross or opening statement. When the instructors stop and correct you right away, bad habits are cut off at the source. The correct habits are then formed and developed. Important advice that was given to me by an instructor, ‘lean into your discomfort.’”
A critical element of ITAP’s performance sessions is providing the opportunity to see oneself perform. Throughout the week, workshop sessions were video recorded, and participants engaged in individual critique, having their performance reviewed by a member of the guest faculty. These experienced trial counsel and judges answered questions and provided detailed feedback for improving skills and technique.
This group of guest instructors included Chief Justice Marc Richard of the New Brunswick Court of Appeal, Justice Kathryn Gregory of the New Brunswick Court of King's Bench, Judge Mary Jane Richards, of the Provincial Court of New Brunswick, Patrick Hurley, K.C. (LLB’76), trial lawyer with Connors Stilwell, and Chantal Thibodeau, K.C., Partner with Fidelis Law, to name a few. Several of these guest instructors stayed for Q&A sessions with the full group following the day’s activities.
“Having guest judges providing us with feedback was an incredibly valuable experience,” said Derek Vihvelin (JD’15), a Practice Leader and Lawyer with TD Insurance. “It was an opportunity that one would never otherwise get. Who better to give insight on what a judge thinks of your advocacy skills then a judge themselves?”
Bastarache echoes her colleague’s remarks, adding: “It was nice to not only get critiques but to also hear when I was doing something right. I could then focus on what I needed to improve.”
The week culminated in a full day of simulated trials, where participants had the opportunity to showcase their newly acquired advocacy techniques and skills. Working in two-person teams, they presented their cases in a realistic courtroom setting, applying everything they had learned throughout the program. This final exercise not only reinforced their practical training but also provided an immersive experience that mimicked the intensity and pressure of actual trial proceedings.
“I believe ITAP should be a mandatory program for lawyers every 5 years,” said Samantha Goodine (JD’18), New Brunswick Public Prosecutions. “I equate it to an advocacy boot camp—it is designed to give you the strongest foundation and builds you up from that. Much time is spent on the basics, which people tend to ignore or push to the side. The program eliminated my bad habits and sharpened my skills. I am sure the Judges I’m appearing in front of now are thankful I did it!”
The ITAP program represents a newly forged partnership between New Brunswick’s only law schools. UNB Law and the Faculté de droit of the Université de Moncton will offer this specialized training in both French and English on alternating years. The French program will be held at UdeM in 2025. Stay tuned for program updates and registration info.
