Tips For Oral Argument: Prepared by María P. Rivera Yes, All of These Things Have Actually Been Known To Happen
Tips For Oral Argument: Prepared by María P. Rivera Yes, All of These Things Have Actually Been Known To Happen
Tips For Oral Argument: Prepared by María P. Rivera Yes, All of These Things Have Actually Been Known To Happen
1. Should I spend much time preparing? After all, does oral argument
ever make a difference?
Yes--it can, and does. More often than not, oral argument results
in modifications to the draft bench memorandum, and in a few
cases it will change the result. Remember, this is your only
opportunity to answer questions and have a dialogue with the
decision-makers. Preparation is key.
No, but appearance and tone are still important. Oral argument
is a serious, formal occasion, and is treated as such by the
justices. Therefore, it is a bad idea to slouch over the podium,
to interrupt your argument to drink from your water bottle, or to
address the court as you guys.2 The court will not decide the
case based on your appearance or tone of voice. However,
these things can distract the listener away from the content.
1
Prepared by Mara P. Rivera
2
Yes, all of these things have actually been known to happen.
Enough to identify all portions of the record that bear on your
issues and to know where to access them. After you identify the
relevant portions of the record, you should either have (a) copies
of the critical pages (b) a list of key references with quotes and
page numbers or (c) if the record is short, clearly marked tabs in
the record itself. If you have to spend more than 10 seconds
looking for a record citation during your argument, you will be
losing valuable time and there will be an embarrassing silence.
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