how to be a lawyer who gets to present oral arguments

How to prepare for an oral argument in law?

In the article, author Sam Glover encourages litigators to use "modular" approach when preparing for oral argument. He argues that oral arguments are dynamic and preparation should mirror that. Glover suggests the following approach: 1. Ditch the outline. Outlines encourage rigid thinking.

Do you have to answer the judge’s question at oral argument?

Answering questions directly signals to the judges that you are honest and confident in your argument. Sometimes judges will make arguments neither party made. Although you are prohibited from introducing arguments at oral argument that you didn’t make in the briefs, you must always answer the judge’s question.

Do you need an exhibit for an oral argument?

An oral argument is not a presentation to a jury. Accordingly, you should not rely on exhibits during your argument. If you do need an exhibit to help clarify something, then make sure the exhibit is no larger than an 8.5x11” piece of paper. [18]

What do you need to make an argument in court?

Although arguments before courts (even at the trial court level) tend to focus on legal issues, these issues are often decided based on the application of the law to the facts. You need to be familiar with the facts of the case, and you need to have thought through the inferences that can be drawn from them.

How do you structure a legal oral argument?

How to prepare for oral argumentReview all the information in the appeal. ... Do not plan too much to say. ... Focus your argument on legal issues. ... Make an outline. ... Check the laws that you referenced in your brief. ... Notify the court and other parties if you find new laws. ... Do not focus on visuals. ... Practice your argument.More items...

How do you prepare for oral arguments in law school?

Preparing Your Oral ArgumentKnow your arguments completely. ... Understand the basic premise of each of the supplementary materials. ... Focus on the two most important arguments in the problem. ... Always focus on why your side is right, rather than on why the other side is wrong.More items...

How do I get better at oral arguments?

Oral Argument: Five Tips to Improve Your DeliveryTip 1: Engage the judges. ... Tip 2: Help the judges understand the content. ... Tip 3: Adopt an effective speaking style. ... Tip 4: Close your argument with impact. ... Tip 5: Practice, practice, practice.More items...•

How do you present oral arguments?

How to Prepare for Oral ArgumentDitch the outline. Outlines encourage rigid thinking. ... Practice intense preparation. ... Organize and practice your argument. ... Commit your argument to memory. ... If you can, moot your argument. ... Last-minute prep on the day of your argument.

How can I improve my oral advocacy skills?

Over time I began to find various ways to improve my oral advocacy skills that I will share with you.Watch Great Speeches from Television, Movies, and Plays. ... Advocacy and Basic Oratory Skills Classes. ... Read Out Loud Everyday. ... Read Books on Oral Advocacy. ... Join Moot or Debate Club.

Who asks questions during the oral argument in the courtroom?

the JusticesThe Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.

How do you open an oral argument?

This week, we're tackling the main elements of successful oral arguments.Start strong. At the beginning of the argument, introduce: ... State the issue. After your introduction, briefly describe the case. ... Provide a roadmap. You want to let the court know where you are going with your argument. ... The facts.

How do you ace in moot court?

UNDERSTAND THE PROBLEM.HAVE THE FACTS ON YOUR FINGER TIPS.SOMETIMES, IT'S OKAY TO NOT KNOW.YOU ARE THE EXPERT – EMBRACE THE QUESTIONING.BE FIRM, BUT ADHERE TO COURT MANNERISMS.BE “THE” TEAM: ASSIST AND ORGANIZE.

Can law students argue in court?

Even a law graduate cannot represent somebody else in any court of law unless he/she is registered as an advocate with any bar council of India. A non-lawyer can draft the petition and represent himself.

What is an oral argument in law school?

Pre-trial oral arguments are arguments made before the judge in support of and in opposition to written motions and memoranda of law filed before the trial begins.

How do you become a moot court judge?

4:399:512022 Moot Court Judge Training - YouTubeYouTubeStart of suggested clipEnd of suggested clipIt is important that judges read at least the bench brief prior to judging. So that they can beMoreIt is important that judges read at least the bench brief prior to judging. So that they can be prepared to ask pointed questions. And if time allows it can also be helpful to read the complete.

How to write an oral argument?

Outlines encourage rigid thinking. If you rely on an outline too much, you will be thrown off by questions and may repeat information or skip issues altogether. 2. Practice intense preparation. The single most-important component of a great oral argument, according to Glover, is preparation.

What is the most important part of an oral argument?

The single most-important component of a great oral argument, according to Glover, is preparation. It is imperative that you find the time. For every oral argument you must know four things: the facts, the law, your argument, and what you want. 3. Organize and practice your argument.

Who encourages litigators to use modular approach when preparing for oral argument?

In the article, author Sam Glover encourages litigators to use "modular" approach when preparing for oral argument. He argues that oral arguments are dynamic and preparation should mirror that. Glover suggests the following approach:

When was the article "How to prepare for oral argument" published?

One of our committee's more popular social media posts related to the article "How to Prepare for Oral Argument" which was originally published in the Lawyerist on March 5, 2012, and republished on March 2, 2014.

How to not be theatrical in an oral argument?

You should avoid being theatrical when delivering an oral argument. Instead, stand still with your hands at your side or resting on the podium in front of you. You should not pace back and forth, the way a lawyer sometimes does in a Hollywood movie when delivering a closing argument to a jury.

What is the purpose of oral argument?

The purpose of oral argument is to help clarify the issues for judges and address any concerns that they have. You should think about oral argument as a dialogue that you will be having with the judges. The judges are not the enemy. Judges may ask hard questions because those are the issues they are grappling with.

What is oral advocacy?

Whether you are speaking in front of the Supreme Court or in law school Moot Court, oral advocacy is an important part of convincing judges to decide in your favor. You will need to extensively prepare, ...

Why do judges ask hard questions?

Judges may ask hard questions because those are the issues they are grappling with. Not every hard question is an attempt to trip you up. Oral argument is most associated with appeals. After a trial court renders a decision, the losing party can appeal. This person is called the “appellant.”.

How many issues can you raise in an oral argument?

You may have three issues you want to raise in oral argument. Preferably, you would present them in a one, two, three order. However, the judges may immediately want to take you to issue three. You need to practice transitioning from three to one. Practice every combination.

Can you introduce new arguments into oral argument?

You cannot introduce new arguments into oral argument. If you forgot to make an argument in the briefs, you cannot spring it on the other side during oral argument. The purpose of oral argument is to address the arguments actually made in the briefs.

Can you sandwich your weakest argument?

However, you may have sandwiched your weakest argument in the brief between your stronger ones. Because time is limited in oral argument, you may want to reorder your arguments from strongest to weakest, so that you will be assured of discussing your strongest arguments first.

Law School Oral Argument Tips

Do you have oral arguments coming up in law school? Oral arguments can be intimidating to everyone – even those fairly comfortable with public speaking (and most of us aren’t!).

Law School Oral Argument Tips

Even if you are not. A lot of it isn’t about what you say. It is about how you say it. The good news is, once you get the ball rolling of pretending to be confident (even when you are not) it is easy (and even fun) to “fake it until you make it”.

What is oral argument?

Oral Argument: A Guide to Preparation and Delivery for the First-Timer. There’s a first time for everything. But when it’s your first oral argument in an appellate court, the task ahead can seem overwhelming. Your every word will be scrutinized.

How to prepare for an appellate argument?

Draft your introduction as you near the argument date, after you’ve done your weeks of advance preparation and after you’ve made your cheat sheet. Hold a moot court. The single most important thing you can do to prepare for an appellate argument is to hold a moot court. Ask three colleagues to serve as judges.

How to answer a question ahead of time?

Since you know those questions are coming, prepare your best answers to them ahead of time. For each, write out exactly what you would say in response. Work on your answer until you have a sound bite that you can deliver in fewer than 15 seconds. Write down your sound bite on your cheat sheet.

What to do when a judge asks you a question?

If a judge asks you a question with a tone of incredulity, stand your ground. The principle you’re urging may, indeed, produce a consequence that concerns the judge, but you’re there to explain why that consequence is acceptable—particularly if the alternative is conceding your core argument.

What does "no relying on your briefs" mean?

It also means not relying on your briefs, appendices, or other bulky materials during your argument, which will disrupt the flow of your presentation. Instead, put everything you want to have at your fingertips during the argument on four sheets of paper.

Why do advocates need to be well prepared for oral arguments?

Sometimes clients question the amount of time required to prepare for oral argument. Try to explain that precisely because the time allotted for the appeal is short, advocates must be well-prepared so they can respond concisely with references to precedent and to the record.

What is oral argument?

Oral argument is an opportunity for you to have a conversation with the judges or justices who will decide your case. You want to keep their attention and make your points (even if you disagree with an assertion that they make) in a respectful, energetic manner. Speaking in a monotone—or, worse still, reading from a prepared text— will lose their attention quickly.

How to study the judges in a court of last resort?

In a court of last resort and in intermediate appellate courts where the judges assigned to the case are announced before the argument, you can study them by checking for decisions they have previously issued that pertain to your case.

What is the most difficult part of oral argument?

The most difficult part of oral argument is refuting your opponent’s strongest arguments. You may be able to obfuscate or avoid difficulties with your position in the brief (though that may not be a good strategy). But at argument, questions are likely to be focused on the weakest points of your position.

What happens if you don't answer a question in an argument?

If you don’t have good answers, the court will lose interest in whatever else you have to say. If you can hold a moot court for important arguments, do so. Practice your answers—out loud if you can.

When you acknowledge the difficulties of your position, you gain credibility with the court.?

This is why Bryan A. Garner and Antonin Scalia advised advocates to concede the “indefensible terrain—o stentatiously.” 9 Overstatement and obfuscation are not effective in appellate tribunals.

Do arguments always proceed as expected?

Arguments do not always proceed as expected. But if you follow these best practices, even in the toughest appeals, you will be able to present your best arguments. And over time, your skills and confidence will grow.

How to prepare for an oral argument?

One of the most effective tools for preparing for an oral argument is practice. By practicing your oral argument in front of others, you learn how different audiences might have different perspectives on your arguments, and you can receive critique on your theme, arguments, and style. (If you are a law student, keep in mind that you may have limits on permissible collaboration for your oral argument assignment.) When, you practice, have listeners interrupt you with questions so that you can practice transitioning back to your prepared argument. You might even suggest particular questions ahead of time so that you can practice the answers for questions you expect. In addition to practicing before others, practice the argument alone as much as possible to commit the structure of the argument to memory, fit the argument into the allotted time, and refine your arguments. As you practice, it will become more apparent which arguments are essential ones, which points are confusing to your audience, what content needs the most attention, and how to edit the argument to fit within the allotted time. Practice a few times in front of a mirror or video record your practice. As you watch yourself, pay attention to distracting hand gestures and verbal ticks, such as “um,”—those small things that can distract from the substance of your argument.

What is oral argument in court?

Oral arguments that occur during a trial are typically not referred to as formal oral arguments. They are made in support of motions that lawyers file on behalf of their clients during trial. As with pre-trial non-dispositive motions, the oral arguments may be informal and heard by the judge in chambers (with or without the parties to the case present) or argued in the courtroom prior to trial proceedings beginning for the day. For instance, after the trial begins, a party may move to exclude certain evidence that was to be presented by the opposing party. The judge will often resolve this motion immediately upon hearing the parties’ oral arguments on the issue. Oral arguments may also occur if one of the parties moves for a directed verdict at the conclusion of the party’s case-in-chief or at the end of the trial with a motion for judgment as a matter of law.

What is the procedural standard for summary judgment?

You must understand the procedural standard or the standard of review the court will apply to the case and know that standard by heart. At the trial court level, the court will often apply a procedural standard to decide a motion. For example, a federal trial court will apply the standard stated in Federal Rule of Civil Procedure 56(c) to a motion for summary judgment, which states that the summary judgment motion must be granted if “there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” The movant bears the burden to prove that there is no genuine issue of material fact and that judgment should be granted as a matter of law. Once the movant meets that burden, the burden shifts to the respondent to prove that there is a genuine dispute of material fact or that judgment is not proper as a matter of law. The court won’t make decisions about factual disputes; if there are disputes, the procedural standard requires the court to deny the motion.

How long is an oral argument in an appellate court?

Appellate oral arguments typically are given before a three-judge panel, and each advocate is assigned a specific amount of time for oral argument, often thirty minutes. The appellant (sometimes called the petitioner) speaks first, and then the appellee (or respondent) speaks. Some, but not all, courts allow the appellant time for rebuttal and the appellee time for sur-rebuttal. Appellate judges can (and often will) interrupt with questions for the advocates. Often in appellate oral argument, the advocate will not finish the entire argument as planned. Courts do not typically extend the time for an advocate to finish their argument after the time has expired.

What is the Stetson Institute for the Advancement of Legal Communication?

Stetson’s Institute for the Advancement of Legal Communication is a home for the study of the legal communication issues that face lawyers, judges, other professionals, and the public. It supports an active community of legal communication and writing scholars, and its faculty work to develop innovative and effective methods and programs for teaching legal communication theory, skills, and values to students. The Institute’s training programs provide instruction to lawyers, judges, and other professionals to improve their legal communication skills. To read more about the Institute, visit www.stetson.edu/legalcomm.

What is the theory of the case?

Your theory of the case explains the legal reasons that your client should win and illustrates your overall plan for convincing a judge or jury that your argument is “right.” Your theory of the case contains broad, overarching principles that encapsulate your factual and legal arguments into a short statement, usually expressed in a few sentences. The theory of the case developed for your legal brief (whether a trial, pre-trial, or post-trial motion, or an appellate brief) should be your theory of the case for your oral argument. It will evolve as you become familiar with the facts of your case, develop your research, and understand the law. Your theory of the case is usually based on substantive law or on social values and policies. For instance, the theory developed in United States v. Windsor under the equal protection clause of the Fourteenth Amendment of the United States Constitution is a theory based on substantive law, and the concept of marriage as a right guaranteed to all individuals, as argued before the Supreme Court in Obergefell v. Hodges,20 is a theory based on social values or policies.