Iowa Judge David Nelmark co-authors new guide to mock trial

  Iowa District 5C Judge David Nelmark is no stranger to mock trial. He has been a competitor, coach, judge and tournament director for mock trial competitions for over 30 years. In that time, he benefited from invaluable feedback from attorneys and judges who volunteer their time to support students. Now he wants to share the knowledge he has gained with others who want to be involved in this extra-curricular activity.
  In their new book published by the American Bar Association, “Championship Mock Trial: The Guide for Participants and Coaches,” Judge Nelmark and co-author Justin Bernstein provide in-depth, detailed advice for strategy, themes and witness performance. Four witness archetypes and approaches to direct and cross-examination are included. Objections are discussed at length outlining the specific and limited circumstances when objections should be made. For example, Judge Nelmark explains that the old-school strategy of objecting regularly to “throw off” the other team has been found to backfire when used against top competition and may actually result in giving the other team a chance to shine when responding – and thus score more points. There is also an entire chapter devoted to online competitions. These emerged during the pandemic and require new techniques for positioning yourself and your webcam. For ideal visual presentation, it is generally recommended to stand with the webcam positioned at eye level. That guidance also applies to real attorneys for online hearings.
  In middle school, Judge Nelmark first became familiar with mock trial when he was part of an enhanced learning program and he was forced to participate in his first competition. “I was very reluctant because I had no lawyers in my family and had no idea what I was getting into. But after a single round of competition, I was hooked,” says Nelmark. He competed for Urbandale for three years of middle school and four years of high school. He then competed for and subsequently coached at Drake University. While at Drake, Nelmark interned for ISBA Center for Law & Civic Education Director John Wheeler, who was instrumental in getting him involved behind the scenes of the Iowa middle school and high school programs. Nelmark wrote the case used in the 1998 Middle School Mock Trial Tournament, which was a personal injury case involving a paintball facility. The case was re-used in several other states and the Commonwealth of the Northern Mariana Islands.
  Mock trial changed his life. It gave him confidence and a sense of belonging. The tools he gained helped him excel academically and put him on a path that ultimately led him to the real bench. He shared that all of his coaches have been terrific and that he benefited from everyone who volunteered to judge at the competitions he attended as a competitor and coach. Alan Olson recruited him to Drake University and has served him as a mentor to him. He learned a lot from co-coaching with Tim Semelroth while he was clerking in Cedar Rapids. Mary Lynn Neuhaus, then the mock trial coach at Loras College, helped him join the American Mock Trial Association (AMTA) board – which is how he met his co-author.
  Justin Bernstein and Judge Nelmark met as board members of the AMTA which governs college mock trial across the country. They went on to become the first two former competitors to become presidents of the organization. As past president of the AMTA Nelmark says, “It was a privilege to serve in that role and give back to a program that had done so much for me.” His proudest accomplishment as past president was making the organization more transparent for competitors. For example, there are complicated rules for “power matching” teams during a tournament (determining who faces who in later rounds). By sharing details of the matching process, not only was quality control improved, but participants’ confidence in the fairness of the competition increased.
  The choice to partner with Bernstein was an obvious one for Nelmark. “There is simply no one more qualified to write a book about winning at mock trial,” Nelmark says. Bernstein is the first person to coach teams to high school, college and law school national championships.
When asked what lawyers should know about mock trial, Judge Nelmark explains that it has incredible benefits for the students – even if they do not go on to law school. Teamwork, public speaking and critical thinking are important skills in most professions. Also, he mentions that most attorneys who get involved enjoy it as much if not more than the competitors.
  Judge Nelmark’s advice for coaches and participants who are new to mock trial includes watching two good teams put on a trial. It can be difficult to understand mock trial in the abstract, but after attending a high-level competition or watching a video of a championship round, one will better understand the context, skill and technique necessary to win. Mock trial is dependent on volunteers to survive, and there are always teams looking for attorneys to help coach.  Attorneys can also get involved by donating a few hours of their time to judge a round.
  Regarding his future vision of mock trial programs, Nelmark would like to see them grow. AMTA currently has more than 700 teams from approximately 400 schools, but there are nearly 4,000 colleges and universities in the United States. Any institution can field a team. He says that compared to most other activities, the financial costs are low and benefits are high. The real barrier to entry is finding a coach. One goal of the book is to give potential coaches the tools and encouragement needed to take the plunge.
 “Championship Mock Trial: The Guide for Participants and Coaches” is currently only available at www.MockTrialBook.com.
  Check out the published article in May issue of The Iowa Lawyer magazine here.