As appellate lawyers, we treasure oral argument. It is our opportunity—our one and only opportunity—to speak directly to the judges and respond to their questions. As the late Chief Justice William H. Rehnquist once stated, “You could write hundreds of pages of briefs, and you are still never absolutely sure that the judge is focused on exactly what you want him to focus on…. [But] [r]ight there at the time of oral argument you know that you do have an opportunity to engage or get into the judge’s mental process.”1
Many appellate judges say that they value oral argument because it helps them feel confident about the soundness of their decisions.2 It is also an efficient opportunity, as a group, to address issues and resolve doubts.3 Former Illinois Appellate Court Justice Warren D. Wolfson commented in a law review article, “Orals help me focus my thinking and clarify the issues. I see more of what matters and does not matter. This leads to better writing and helps avoid mistakes.”4
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