Oral argument may not be the tipping point in every case, but it can be absolutely critical, according to a panel of expert jurists who spoke at the New Jersey State Bar Association's Annual Meeting and Convention in Atlantic City earlier this month.

“Can minds be changed? Definitely. Argument has changed my mind in the past,” said U.S. Third Circuit Court Judge Michael Chagares at the seminar “Effective Oral Argument in the Appellate and Trial Courts.”

New Jersey Supreme Court Justice Barry T. Albin said that the justices of the state's highest court read the briefs in a case, review bench memos and research prior to oral arguments, but they do not conference before them.

“Our positions may not yet have crystalized, so this is a perfect opportunity for advocates to launch their argument to members of the Court who may not have fixed opinions … I have left oral argument looking at a particular issue in a very, very different way. I have done, at times, a complete 180 … you really have the opportunity to change minds,” Albin said.

When it comes to the Appellate Division level, Judge Jack Sabatino said there are two reasons why oral argument can be really important.

“One is that how the argument goes may not necessarily affect the bottom-line result, but it may affect how narrowly or broadly we write the opinion,” he said. “The other reasons is … lawyers can be a wonderful sounding board for us on an approach that might not be exactly what either party advocated.”

Assignment Judge Mary C. Jacobson, who sits in Mercer County, also gave the viewpoints of a trial court jurist, which can present a different dynamic since there is only one judge.

Here are nine of their top tips for success on your feet:

  • Get to your point;
  • Breathe to conquer nerves and make sure to eat something;
  • Know your case and be prepared to point to the record to back up positions;
  • Watch the little things—if you're a person who talks with your hands, don't keep a cup of water on the podium;
  • Respect the court and adversaries, especially when disputing a point;
  • Make eye contact;
  • It's ok to ask for clarification about a question a jurist is asking, but don't be antagonistic;
  • Respond and calibrate—only address the most successful and relevant issues from your brief; and
  • Think of yourself as striking up a conversation with the court.