My previous column, “Crafting Arguments With Your Audience in Mind,” focused on formulating written arguments with an eye to the eventual argument before a panel. Let’s move forward, and work through some suggestions for the best way to prepare your case for the final battle: oral argument. Depending on the court, you may only get 15 minutes to advocate one last time for your client’s position. My goal is to help you to make the most of that time.
Brush Up On Your Authority
You worked hard on your brief’s citations to relevant authority, and cite-checked it one last time before you filed, right? Of course you did, but that should not be the end. Often, in the months in between filing and argument, another good case will crop up that may be helpful for argument. Alternatively, a case you are replying on will get reversed or criticized. Make sure you cite-check just before your argument date so that you are fully prepared to discuss these new developments.
Hunt Through Your Record
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