Oral argument can be one of the most exhilarating aspects of the appellate process. At an appellate oral argument, you can observe firsthand that the judges have understood and agree with the arguments you have asserted in your written briefs. And you can address directly whatever questions the actual appellate decision makers have about the case and anything that may be troubling them about your client’s position on appeal.
Although appellate judges have repeatedly stated that oral argument changes their minds about the outcome in only a very small percentage of all cases, an appellate oral argument gives the advocates a final opportunity to influence the outcome in a face-to-face discussion with the judges who will actually be deciding the appeal. For this reason — because an appellate advocate should not relinquish any opportunity to advance his or her client’s case — I have consistently recommended that lawyers request oral argument on appeal in courts that leave it up to the lawyers to decide whether a case will be orally argued or decided solely on the briefs.
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