why would lawyer want an oral argument in an appeal

Instead they use their oral argument to succinctly identify the issues raised by the appeal, highlighting the strengths of their position and why the court should reject their adversary's argument (s).

Full Answer

Can an attorney write an appellate oral argument?

appellate oral arguments reflects the judicial system’s belief that oral argument should no longer play a significant role in the appellate process. See Robert J. Martineau, The Value of Appellate Oral Argument: A Challenge to the Conventional Wisdom, 72 Iowa L. Rev. 1, 2–3 (1986) (discussing the reduction of oral arguments).

What is oral argument in a civil case?

Jul 22, 2019 · The purpose of oral argument is to emphasize and clarify the written arguments in the briefs on the merits and is limited to facts in the record. Courts does not favor oral argument read from a prepared text, and, in Federal Courts of Appeals, counsel are not permitted to read at length from briefs, records, or authorities.

What does it mean when your attorney calls to schedule oral argument?

If you don’t want to make an oral argument, you can waive this right. Deciding to make an oral argument or to waive this right is a personal decision that will vary from case to case. It is in your best interest to discuss the argument with your lawyer before you make a decision. An appellate lawyer will have the experience in appeals and the ...

How do I prepare for oral argument?

Aug 21, 2017 · In that vein, practitioners should be aware that some appellate courts televise, in real time, oral arguments back to chambers so that law clerks can follow the presentation. It is not uncommon for these law clerks to adopt arguments made by counsel during their oral presentation in preparing their final report to the judge on the decision to be rendered on the …

What is the significance of oral arguments?

First, oral argument provides a unique opportunity for attorneys to converse with judges and be a part of the decision-making process. Second, oral argument is valuable for clients, who can see their concerns being addressed by the court and better understand how invested the judges are in the case.Feb 18, 2020

What is a request for oral argument?

Oral argument is an opportunity for the parties to make sure the court understands the most important issues of an appeal. The parties can explain the arguments in their briefs and answer questions from the justices.

What is the purpose of the oral argument why would an attorney waive the right to make an oral argument?

An appellate advocate often waives oral argument because he believes that the facts and legal issues are so clearly in his client's favor that his client will prevail without the necessity of oral argument. The attorney who waives oral argument for this reason is taking a significant risk.

Do oral arguments matter?

Oral argument can be critical, but only in a very small percentage of cases. This suggests both that oral argument should be granted in fewer cases, and that the important cases in which oral argument is granted should receive additional time.

What happens between oral argument and the court's decision?

After the oral arguments have been finished, the court meets, in its conference room, to reach a preliminary decision about the outcome of each case. When the justices disagree, the greater number becomes the majority of the court on that case.

How long should oral arguments be?

So, make sure you have an argument that runs approximately 8-10 minutes. Do not say to yourself, "I know I'll get questions, so I am going to have something real short." You may not get any questions. 4. As far as preparation goes, know the record and the law and know it well.

How are oral arguments structured?

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.

Why are oral arguments an important part of the Supreme Court's decision making process?

Why are oral arguments an important part of the Supreme Court's decision-making process? Correct Answers: Justices can ask questions of attorneys that might not have been addressed in the briefs. They allow justices to better understand the heart of the case.

How do you open an oral argument?

Clearly and concisely explain the issues and state the reasons why you should win. Also be sure to include what, specifically, you are asking the court to do (overturn, affirm, reverse and remand, etc.). This part should be less than a minute. It needs to immediately grab the judges' attention.Sep 17, 2019

Who speaks during oral arguments?

The appellant (party who filed the appeal) speaks first. The appellee (opposing party) speaks next. The appellant may follow with a brief rebuttal or reply argument. Justices may ask the attorneys questions.

How do you end an oral argument?

Answer their questions directly and use your roadmap and outline to find an appropriate place at which to continue arguing. When you have finished your argument, end with a clear statement of what you are asking the Court to do (a "prayer for relief").

Which is more important the brief or the oral argument?

There is no question that the brief is by far the most important part of your appeal, but oral argument should not be discounted. One writer has suggested that an oral argument is like sales; it is a chance to close a deal with a buyer–the Court.Apr 8, 2016

Making an Argument

It is important to keep in mind that you do not have to make an oral argument, but if you wish to further explain your brief and the arguments that you are making in your appeal, you can do so in a 20-minute oral argument. During this time, you can also answer any question that the judges have about your brief and your arguments.

Hiring a Lawyer

You might feel uncomfortable making an oral argument, but you should not worry about this. Your appellate lawyer can walk you through this process. They can make sure that you know what you are going to say and prepare you to answer any questions that are asked. This can help you feel comfortable going into the oral argument.

Five rules for trial lawyers venturing into appellate courts to follow

Anyone attending a CLE program involving appellate judges, or speaking to appellate judges about their pet peeves, will inevitably hear the same list of complaints. Yet if someone sits in almost any appellate courtroom long enough, she will see a lawyer doing exactly what the judges say bothers them most.

Do Not Frame Your Argument for a Jury

An appellate bench may be hot, throwing questions like big league fastballs as soon as the lawyer stands up, or ice cold, pensively staring as the lawyer presents an argument at length while waiting for the questions to start.

Do Not Avoid Answering the Question

If not engaging on the topic the judge wants to discuss is irritating, refusing to answer her questions is much worse. Any case on appeal has weaknesses on both sides. If the issues were totally one-sided, the loser would not take the appeal, or would settle long before oral argument.

Do Not Interrupt

What mothers and grade school teachers say is true; let the other person finish before speaking. This rule, of more than politeness, did not become passé upon graduation from law school. Yet the problem persists, and not just in appellate courts. Trial judges hate when attorneys interrupt them as well.

Do Not Forgo Reviewing the Record

One of the major costs, both financial and personal, in preparing for oral argument is the time spent reviewing the record. Any shortcuts in this area, however, can have significant negative effects. Initially, this may seem to be an issue only when the attorney handling the appeal is different from the ones who tried the case.

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.

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.

What does Benjamin Franklin mean by "by failing to prepare"?

Benjamin Franklin said, “By failing to prepare, you are preparing to fail.” 2 Those words provide a warning and incentive to set aside time to prepare for every oral argument. This process requires figuring out what you need to do and finding time to do it. It should include the easy but important tasks like updating the authorities in the briefs, and the more difficult ones like anticipating difficult questions about the weak points in your argument.

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.