Phi Alpha Delta (P.A.D.) is the world’s preeminent law fraternity dedicated to service: service to the student, the school, the profession, and the community. It is through devotion to the ideals of Integrity, Compassion, Courage, Professionalism, Service, Diversity, and Innovation that P.A.D. contributes to the legal profession and the community.
Each year, P.A.D. holds a National Mock Trial Competition. Most law schools boast well-funded and extensive mock trial programs similar to Moot Court, but until 2018, CUNY Law did not participate in any mock trial competitions.
In 2019, alums Dan Fazio ’19, Daniel Garcia ’19, Tom Montefinise ’20, and Jonathan Valle ’19 competed in the Queens District Attorney Mock Trial Competition, and their partnership with P.A.D. rebooted this Mock Trial program, intentionally envisioned as a program built around community.
CUNY Law’s Pauli Murray Chapter of the Phi Alpha Delta, in conjunction with the CUNY Mock Trial Club, sent a team to P.A.D.’s National Mock Trial Competition this year. The team consisted of AJ Brown, PT 2L, Elina Escarda, FT 2L, Michael Gutman, FT 3L, and Graham McMillan, FT 2L. The team won 2nd place out of 32 teams over three general rounds and a final additional round. AJ Brown won the category for Outstanding Advocate, and Michael Gutman was a finalist in the category of Outstanding Witness.
AJ Brown
AJ Brown is a 2L evening student at CUNY School of Law.
He is a Business Policy Analyst specializing in health and welfare benefits for the Church Pension Group, the employee benefit organization serving the Episcopal Church USA.
AJ lives with his wife, Alisha, in Queens, NY. His interests include running and Cleveland baseball.
Elina Escarda
Elina Escarda is a 2L full-time student at CUNY School of Law. She is a native of Miami, FL, and moved to New York City to attend CUNY Law.
Ellie currently serves as the Mock Trial Club Vice President and the Phi Alpha Delta Clerk. Prior to law school, she worked both for the University of Miami School of Law and the Judges of Compensation Claims with the State of Florida.
She plans on pursuing a career in public defense and civil rights litigation serving the New York community. During the past summer, she worked as an intern for the Legal Aid Society’s Special Litigation Unit in the areas of police accountability and prisoners’ rights. Her other interests include cooking, wood whittling, and tabletop games.
Michael Gutman
Michael Gutman is a 3L full-time student at CUNY School of Law.
Michael joined CUNY Law to pursue a career as a public defender and has spent his last two summers working in public defense. Michael previously attended CUNY Brooklyn College for his undergraduate degree and is deeply committed to the vision of CUNY.
In addition to his passion for the law, Michael has spent over a decade working in information technology, including owning his own small business and helping local businesses with their technology needs. Michael currently serves on the executive board of the CUNY School of Law Mock Trial Club.
Graham McMillan
Graham McMillan is a 2L full-time student at CUNY School of Law and has lived in New York all his life.
He is an avid Mets, Knicks, and Spike Lee fan.
He studies Criminal Defense and Immigration and wants to be a public defender after graduation.
His passion for law is based on his experience on the Greek and Turkish border working with international asylum-seekers at the organization Samos Volunteers.
Tell us a little bit about Phi Alpha Delta (P.A.D)- what is their mission, how did you get involved, and why should students get involved?
AJ: I first learned of Phi Alpha Delta from a flyer that was posted on a bulletin board outside of the ground-floor lecture halls at the law school. I didn’t go to an undergraduate school that had Greek life, but I’ve been involved in all sorts of social clubs since I was young. I figured it would be a way of getting to know folks outside of my evening cohort. I attended initiation and was elected chapter treasurer on the same day.
I would advise any law student to join Phi Alpha Delta! The Pauli Murray chapter at CUNY is relatively young, but we are already amassing resources like a members-only outline library, we’ve hosted Netflix watch parties and panels of guest speakers, and are fundraising to support our activities. Aside from being a great way to meet other CUNY students (especially while we’re all remote), P.A.D. is a connection to students at other schools and to practicing lawyers across the country.
Members are genuinely interested in helping each other and the fraternity to succeed. As one of my siblings said at a recent district conference, P.A.D. is the one club you can join in law school that will help you for the rest of your career. In addition to the annual mock trial competition, P.A.D. hosts an amazing biennial convention every other summer, district-wide seasonal outings, and events such as P.A.D. Day at the Supreme Court.
Michael: The Mock Trial Club is a fairly new program at CUNY Law. Dan Fazio, class of 2019, revived the mock trial team with four members who comprised the Queens District Attorney team. Before this, there were limited opportunities to gain valuable trial advocacy skills outside the classroom. While CUNY’s Moot Court program offered students the ability to gain invaluable oral argument skills, the Mock Trial Club focuses on the trial skills necessary to properly develop the record in the first place.
I first heard about the Mock Trial Club during my 1L year by searching extensively for it. There I met Tom Montefinise who relayed the efforts being taken to bring it to life. That year, Daniel Garcia, Jonathan Valle, and other Mock Trial members represented CUNY and competed in the Queens DA competition, breathing more life into the program.
In my second year, I became an active member, together with Thanh Hoang, Jason Marquard, Benjamin Cruz, Jesse Struller, Elina Escarda, and Ramin Seddiq. With the help of leadership, CUNY competed in both the AAJ’s Student Trial Advocacy Competition (STAC) and the P.A.D. Mock Trial Competitions.
The mission of the Mock Trial program is simple: train students on the critical skills needed as a trial attorney. Since restarting the program, we have hosted multiple events where we have brought experienced attorneys to speak to students about various elements of a trial.
Our goal is to empower students who aim to do trial-level work with skills around the rules of evidence, motion practice, direct and cross-examination, opening and closing statements, and how to develop the theory of a case. Of course, we also want to develop our public speaking skills and courtroom procedure.
For students who plan to work in the courtroom as civil litigators, prosecutors, defense attorneys, or anything in-between, Mock Trial is a critical component that should not be overlooked. Beyond the legal skills, building a new program offers a unique experience that is not found elsewhere.
This year you all competed in P.A.D.’s signature event, the annual Mock Trial. Can you tell us a little about the event, what its purpose is, and what preparation looks like? How did you collaborate, and how did you divide the work?
AJ: The annual P.A.D. Law School Mock Trial Competition is an opportunity to practice trial advocacy skills in a courtroom setting. Participants develop skills, including creative problem-solving, effective collaboration, forming a persuasive argument, public speaking, critical thinking, and thinking on your feet. Last year, Mock Trial sent a team of four students to Virginia to compete at the Hilton Hotel in Arlington.
After the competition, P.A.D. provided an inviting atmosphere to network with colleagues from across the country and develop deep personal connections with a network of seasoned attorneys and hardworking students from around the nation.
This year, the event was held virtually over Zoom.
The competition provides the opportunity for teams comprised of four P.A.D. Law Chapter members each to compete on a national level. Teams compete for first through fourth place, with additional honors for outstanding defense, prosecution, advocates, and witnesses awarded. This competition is for P.A.D. law school chapters only.
Michael: CUNY Law became involved in the P.A.D. competition through its partnership with the CUNY Mock Trial Club, sending a team to compete for the second year in a row.
AJ: P.A.D. provides a closed universe of facts known as the “Mock Trial Packet.” This includes the case and all of the related materials (e.g., indictment, case law, witness testimonies, evidence, etc.) participants need to put on the trial. The Murray team did a cover-to-cover read of the case, and then we split up roles and responsibilities. Each team needs two attorneys for the State and two attorneys for the Defense.
We also divided up responsibilities for playing the roles of witnesses for the prosecution and defense. Graham and Mike were attorneys for the prosecution, Ellie and AJ were attorneys for the defense. We each prepared to play the role of one or two witnesses for the other side when we were not playing the role of attorney (e.g., Mike played the role of a witness for the Defense for rounds where he was not an attorney for the State).
We created a Google document and a dedicated Zoom room and started developing case theories, strategies, and questions. We met a few times collectively and with other students, and we “mooted” (rehearsed) with Professors Seann Riley and Laura Gentile the weekend before the competition.
Elina: Preparation really looks like getting into the case facts and developing them to fit your theory of the case. The first thing we all did was a full read-through of the case packet, including all witness statements and potential evidence. Once we knew the facts of the case, we divided up our team into a prosecution side and a defense side.
We worked with our respective partners to develop our case theory a bit more and then met all together to give each other notes. The advantage of a four-person team split up the way it is for a P.A.D. Mock Trial Competition is that you have someone to fill in the holes of your argument. Personally, as one of the defense attorneys on the team, it was really helpful to bounce ideas off of our prosecution, so we ensured our defense would hold up at trial.
Round 1 — Watson, Jr., Chapter v. Murray Chapter
Logistics! Sources say there were three rounds and a final round. Tell us a little bit about what each round was comprised of and how it actually works. How are you judged?
AJ: Teams have the opportunity to present the case as both the State and the Defense within the first two rounds, and in the third round, teams are assigned a side to represent at random. For the final round, teams were assigned by a virtual coin flip. Murray’s team presented the case twice for the Defense and once for the State in the first three rounds, and the Defense presented in the final.
Each team has 45 minutes per round to present an opening statement, two direct examinations, two cross-examinations, and a summation (closing argument).
The competition is judged by volunteer lawyers and judges (both P.A.D. alumni and non-members) and Mock Trial veterans who offer invaluable, real-world feedback.
For each round, there are two to three judges (one that serves as the trial judge and another judge who observes) who score each element of the trial and the performance of the participants. Judges may also submit nominations for honors, such as outstanding defense, prosecution, advocates, and witnesses.
What would you say was the biggest challenge of participating in this event while also developing a new program amid a pandemic?
Graham: The biggest challenge for this event was coordinating practices and presenting evidence. Presenting a witness with a prior statement isn’t as simple as it sounds over zoom, and we had to take time before the event to make sure we had all of our technical glitches worked out.
Elina: Personally, the biggest challenge was learning to do all of this via Zoom. Presenting evidence, objecting at trial, impeaching a witness, all of these things have different procedures online. Aside from the technical challenges, it’s really a challenge in endurance and motivation.
This pandemic has been hard on everyone both emotionally and physically. I know I was beginning to feel that pandemic burnout, so it was a practice of staying on top of things and motivated to do them when the world was a bit upside down.
Michael: The Mock Trial Club had planned to host multiple events to recruit new members, bring in high-quality speakers, and run a mini bootcamp for evidence. Because we are a new club, we need dedicated and excited members to join. With the pandemic, many plans had to be put on hold, but we were still able to host our Zoom event featuring a Miami Public Defender. Without being in-person, recruiting became difficult.
While these challenges were hard, it did not stop the Mock Trial Club from recruiting a championship team, and working closely with the P.A.D. Club to register, organize, and lead CUNY to victory.
Final round
What was the most memorable moment of this competition for each of you?
AJ: For me, it was when the competition organizers announced that the Murray chapter was going to the finals. I could not believe it! I knew our team had performed well over the three rounds of competition, but I never expected we’d make the finals. I jumped out of my chair and shouted “LET’S GO!” over and over again at the computer — good thing I was on mute!
Graham: The most memorable moment for me was right after the first round of competition, when we all got on a zoom call to celebrate and talk over strategy for the next rounds. We had put in all of this work, especially the two weeks leading up to the competition, and were as nervous as we could be going into it. But then the first round started, and opening statements started, then direct and cross and closing, and we rocked every part of it! Coming together after, I remember the excitement, the camaraderie, and the feeling that we could really do something big in this competition.
Michael: That first moment when opening statements began, and I saw AJ stand up and deliver one of the best opening statements I’ve ever heard. I knew that whatever happens from here we are winners. I reflected on all of the work that everyone on this team put in. I realized, with all the work from those before us that passed on the torch, that “we did it” “we have a mock trial team” moment. As the senior on the team, I was so proud. It was one of the best moments of my law school career.
Elina: One of the most memorable moments for me was after our third round. AJ and I had presented our defense, and, after each round, we had been meeting up as a team to go over things. This time when we met up we all just looked at each other through our Zoom videos, and it was like this collective giddiness. I think we were all really confident in our arguments and how we presented them. We weren’t sure what was going to happen next, but we were so proud of how we performed. The comments were awesome; we had all nailed our openings and closings, and we experienced some really solid direct and cross-examination moments. I can’t explain it fully, but just going into that Zoom room knowing we had left it all on the courtroom floor was pretty epic.
What was it like working with Professors Seann Riley and Laura Gentile?
AJ: A truly incredible learning experience. I am in Professor Riley’s Trial Practice seminar this semester, so the opportunity to apply the tools we were learning in class to the mock trial problem was awesome. Mooting with both Prof. Riley and Gentile gave us invaluable insight into improving our case theories, strategies, and time management.
Graham: Intimidating at first, but so necessary. Both professors made us feel the formality and procedure of trying a case in front of a judge, but both took time out of the trial simulation to stop and help us with our motions, our evidence, or anything else we needed. We definitely would not have gotten as far as we did without their guidance.
Michael: We are incredibly thankful for the time the professors took. First of all, it was on the weekend. One of the special things about CUNY is how much professors care, and it showed. I had taken Criminal Procedure with Professor Riley and Small Firm Practice and New York Practice with Professor Gentile, so I knew that if we could get their help, we would be set. Because the P.A.D. case is a criminal trial, we knew that having Professor Riley would be invaluable. His insight and experience in the field proved to be critical to our success. The case also had a medical expert involved, and Professor Gentile has a wealth of knowledge and experience in this field.
We hope that other professors will be interested in signing up to help the Mock Trial team in their moots going forward. With our STAC team, we encourage professors with experience in civil litigation to help. The club has been working hard to also host an internal CUNY Law-wide Mock Trial competition and welcome professors interested in being judges, coaches, or lending any other type of support!
Elina: I felt so grateful to have their support. It was intimidating, of course- these are our mentors and teachers, and we want to impress them, but their advice and encouragement were invaluable. After our first rehearsal with Professor Riley, we knew we had to shape up our arguments and work on our evidence and objections. He gave us tremendous advice, and I think it really got us to where we came to in the competition. Professor Gentile really helped with our courtroom decorum and case theories. Her presence was tremendous and really focused on the moment at hand. I can’t express how thankful we are to them for helping us get where we did.
Did anything about this experience surprise you? Did your expectations match your experience?
AJ: I certainly did not expect we would have gotten the results we did. I believe this was Murray’s second or third year at this competition. We thought we would do well, but never imagined we’d go to the finals. The competition was fierce. Some of our competitors participate in other national mock trial competitions throughout the year and have resources, such as formal training programs and coaches. Murray started working on this case about three weeks before the competition and, by the strength of our determination and with the help of colleagues and practice judges, our underdog team went the distance.
Michael: We definitely were the underdogs. Some schools have long trainings before being able to compete. I knew this experience would be wonderful. My goal was to have a support role and really allow the other team members to get the most out of the competition. I was SO happy that my side (State) presented as attorneys the least because I wanted Elina and AJ to get the most out of this.
The downside is that Graham was on my side and also ended up playing a witness more than an attorney, but, hopefully next year, he will get to go three times in a row! The most surprising thing: Zoom really was something that everyone adapted to really easily. Of course, nothing compares with that “in-person” experience, but we did it well. We had a flow of how to screen share evidence, we nailed down procedure, and we worked as a team to present our case. It was wonderful to see.
Elina: As much as I knew how much work we were putting into this, never did I imagine we would come in second place. I was hopeful, and I was in it 100 percent for the experience and the practice, but the outcome was just incredible. When they told us we were in the top two teams going into the Final Round, I jumped up out of my chair (thankfully with my camera off) and just felt so ecstatic. What an awesome feeling, one I won’t soon forget.
What did you learn?
AJ: I took Evidence in the fall semester. I loved the class. I understood the rules of evidence, but I can’t say I knew how to put the rules into action. Here’s this rule about impeaching a witness’s character for truthfulness, or that rule about excluding otherwise relevant evidence that is unfairly prejudicial, but how do I actually use these rules in the courtroom? Mock trial gave me that opportunity to learn how to handle evidence — how to assess its value, how to build a foundation for it, how to introduce it into evidence, and how to use it.
Michael: The same thing last year: Even if you think you know evidence, you don’t know evidence. The challenges of the competition highlight just how important knowing evidence can be. Last year, our inexperience made us fall into a trap and lose valuable time. This year, we trained hard, and there is still more to go. Evidence is a critical skill needed to be successful as a trial attorney, and Mock Trial puts this as goal #1.
Elina: I learned that trial practice is where I want to be. I have expressed my interest in litigation and was always excited about it but hadn’t had the opportunity to experience it at this level. It felt real for the first time, even if we were in a simulated case. I also learned how to really craft a case theory and work your evidence around that theory to give it life.
Learning how to use your evidence to build your case in real-time was very artful. A lot of people will look at the law and see that it’s very analytical, but the evidence is where you get to be creative within the confines of the law. Of course, all of the practical aspects – laying a foundation, impeaching a witness, objections – gave us a great learning experience for all of these skills.
How did coming in 2nd place out of 32 teams feel?
AJ: Shocking. Humbling. Proud. I still can’t quite believe it. It’s an incredible accomplishment for our team. It’s a great thing for Murray chapter and for CUNY.
Graham: I was surprised at first, but we worked our butts off to prepare, and it showed watching AJ and Ellie argue. I am extraordinarily proud of the team and honored to be a part of it. It really felt like we came together when we needed to, and I’m just so happy the judges saw that.
Michael: It still has not fully hit me. I am so proud of the alumni who have put together the club, the team from last year where we learned many hard lessons, my classmates who during a pandemic put in the time and effort to take on this challenge, and, most importantly, I am so excited for what the future holds.
Now that we are champions, we are excited for new students to join, new faculty to bring us support, and getting additional funding from the school, so we can bring in the tools needed to train and develop the next class of leaders, the next class of advocates, and the next group of passionate attorneys who will be desired by public interest organizations from around the country.
Elina: This team was incredible. We supported each other and really held each other up throughout this competition and the prep. I couldn’t have asked for a better team. We put the work in and got results. I was just so proud, of myself, of our team; it was a reality I was happy to experience. I feel lucky to have worked with AJ, Michael, and Graham. We really brought this one home through pure willpower and work. It feels good when you work for something and come up with the win. And this was a win for us and CUNY.
I was also really excited about the opportunities that can come from this win. We have our Mock Trial Club and P.A.D., each a somewhat smaller student-led organization that can be spectacular with the right tools. I’d love to be a part of bringing more wins to CUNY by training and coaching students next year. We’re excited about student participation, and, as we continue to go to competitions and gain new experiences, we can bring those experiences back to our classmates and really do something special.
For AJ: What is the Outstanding Advocate category, and how did winning this feel?
Judges can nominate individual participants in the competition for honors such as Outstanding Advocate. I don’t think I realized there were honors aside from teams placing in the final. The week after the competition, one of my teammates sent a message to our group chat with a link to the P.A.D. Awards webpage and a picture of the individual honors. I was absolutely floored. I figured there must have been another AJ at the competition. There were tears of joy. It’s an honor, and one that I would not enjoy but for the incredible Murray team and the guidance of Profs. Riley and Gentile. My siblings and I did it together.
For Michael: What is the Outstanding Witness Category, and how did winning this feel?
It has been so rewarding. I competed in my first Mock Trial competition in high school. I remember being a freshman 9th grader and nearly not making the team because I was terrible. That year, I competed and got pretty low scores. During my high school tenure, we ended up making the top 16 in New York, and this is something I have been working on ever since.
At CUNY Brooklyn College, I tried to restart a mock trial team, and we got 75% of the way there, but, without funding, without faculty support, and without students being aware of the program, it never materialized.
I went to CUNY to join the Mock Trial program, only to discover that, again, it basically doesn’t exist.
To go from no program to winning an award for best witness? It just is the best feeling ever. As a 3L, about to graduate, to achieve something you have been chasing for so long, it is remarkable. I could not have done it without an outstanding advocate (Yes – AJ was responsible for my direct and protecting me on cross.) I am framing the award right next to my upcoming diploma.
It will hang on my wall forever. I am grateful for this opportunity, all my brothers and sisters at P.A.D., and all my clubmates at Mock Trial.
Any advice for students interested in joining P.A.D. and the Mock Trial Competition?
Michael: Join the Mock Trial Team – P.A.D. is one of a few competitions that the Club supports. Mock Trial Club will give you the support and training needed to continue the CUNY legacy! We intend to develop a strong and effective program that will prepare you for trial. My personal dream is that one day, the CUNY Mock Trial club builds/becomes a pipeline for public interest organizations to recruit directly from. Organizations that work at the trial court level will know that the program produces quality candidates that have the critical skills needed to be effective advocates.
AJ: Join P.A.D.! Or reach out to AJ, if you have questions about joining. We can’t wait to meet you! Murray chapter will be sending a team back to the P.A.D. Mock Trial Competition next year!
Graham: For any students interested in Mock Trial, my advice is to do your evidence homework twice. Studying the rules of evidence and then applying them are different skills, and the best way to learn is by doing (and messing up sometimes.) Be confident, be open, and have fun, and Mock Trial will be the best thing you ever did in law school.
Elina: If you’re interested in Mock Trial, join the Mock Trial Club. The Mock Trial Club has a wealth of knowledge and assists students in entering competitions in the Northeast. We’re developing a strong base of experienced Mock Trial coaches, and we’d love to have more students go to competitions and experience what we have at the P.A.D. competition. And, to double down on Graham’s point, read the evidence book a few times, and then read it again. As many of our professors have shown us, if you know the rules of evidence and can use them creatively, you will be successful in the courtroom.
If you’re interested in a student organization with a lot of amazing networking possibilities and community, join P.A.D. too! We have some really cool ideas for next semester and would love to have a lot of students joining, so we can feel community here at CUNY. This competition introduced me to my teammates, who I’m happy to call my friends, and it also introduced me to people throughout P.A.D. nationally. This really is the organization that can help you form a base of peers that will support you throughout your legal career.
And, finally, if you want to go to the P.A.D. National Mock Trial Competition, join P.A.D. and Mock Trial where you’ll get support and community!