Fake it 'til you make it!

My favourite line was recited in class today by the guest lecturer on criminal procedure:

Fake it, 'til you make it.

Boo ya! I live by this!  I haven't quite "made-it" in every circumstance, but am still alive and thriving so I haven't given up on my theory just yet.  I feel elated from having my own life's theme substantiated from an experienced and prominent Crown counsel in Vancouver.

Then he spoke about having success in the courtroom and said, "There is no magic."

WHAT!! There is no such thing as MAGIC!?!?

My dreams are crushed....

Yesterday, we had to record a direct examination in a criminal case.  My partner and I acted for defence counsel and had to examine the accused and his wife.  I am terrified of the courtroom! Even a two-person exercise, with no judge, and a video camera intimidates me.  But, something came over me yesterday... I got excited!

This excitement lead to me putting my trial book together last night for the mock civil trial and got me thinking about my role as defence counsel.

To keep you in the loop, here are the summarized facts of the case:

• The Plaintiff, Sam Messer, bought an outboard motor from Langley Outboard Motors Ltd.
• Langley normally conducts the pre-delivery inspection of the motor but Sam did not have time before leaving from Vancouver to Merritt so Langley suggested that a company in Merritt, Nicola Sporting Goods Ltd., inspect the motor.
• Sam brought the motor to Nicola Sporting Goods Ltd. and an employee, Bobby Turner, inspected the motor.  She told him that the inspection was clear.
• Sam then took the motor to Candle Lake and attached the motor and gas tank to this boat.
• He took the boat past a pier on the lake and started the motor.
• On the west side of the pier, it is calm waters running towards the pier and the east side is open and runs into Roaring Falls Creek with a strong current.
• The motor started right away but then died ten minutes later while he was situated in the middle of the lake.
• He waited ten minutes, changed the spark plug (without consulting the manual), and the motor started on the second pull.
• He went back and had lunch and a few beer and went back out on the lake without checking the motor again.
• The motor wouldn't start and he got pulled toward fast moving Roaring Falls Creek and the boat flipped and Sam had to swim to shore.
• The boat was salvaged a week later and Sam had the salvagers keep the boat in exchange for the cost of salvaging it, as it was allegedly only worth the parts.
• Sam is an experienced fisherman, having owned outboard motor boats for over 25 years.
• Sam knew that he was close to Roaring Falls Creek when he launched on the east side of the pier, instead of the calm west side.
• Sam did not testify to ventilating the gas tank prior to starting the motor.
• Bobby Turner states that not ventilating the motor may lead to its failure shortly after it starting.

My role is counsel acting for Nicola Sporting Goods Ltd.  Sam Messer is claiming negligence against my client.

Ha. Good luck Mr. Messer! He won't know what hit him!

I blame my new zest for litigation on spontaneously volunteering my recorded direct examination from yesterday to be watched by the whole class (and criticised by the guest lecturer). Eeek! Seriously regretting this decision now...

I'll keep ya posted on how red my face goes and how far I slink down into my seat.

Love: Miss-A