Much has been written about whether oral argument really makes any difference. Win or lose, good oral argument does. Effective oral advocacy makes a difference to the clients, the courts and sometimes, even the outcome. The question should not be can oral argument win the case. Occasionally, it will. The question should be can oral argument help the cause. The answer is almost always "yes."
"Read 'em and weep" is probably an apt description for the losing party after the appellate court's decision is announced. Given that eventuality, oral argument presents the one and only opportunity for the advocates to come face-to-face with the judges and test the court's view of the issues before the fateful moment. As one appellate court put it, oral argument can "clear the air" and "is often as effective as a catalytic converter" for doing so. TJX Cos., Inc. v. Superior Court, 87 Cal. App. 4th 747 (2001). As another court put it, oral argument presents an "opportunity to go straight to the heart!" Mediterranean Constr. Co. v. State Farm Fire & Casualty Co., 66 Cal.App.4th 257 (1998).
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