Appellate argument is often the last opportunity an attorney has to influence the outcome of the case. Appellate judges are perhaps experts as to what is effective, and what is simply a waste of time. As part of its judicial profile feature, The Recorder has collected the following words of wisdom from well-respected appellate level judges on the do’s and don’ts of oral argument.
Confidence. At oral argument if the attorney speaking can imbue a sense of confidence in what he’s saying. And that is based on the fact that he knows his case extremely well, knows his facts and his law extremely well. The best oral argument is an attorney who stands up, smiles at the panel and says, “Are there any questions?” and “I don’t have to really argue because you’ve read my brief, it’s all there, but are there any questions I could straighten out for you?” If there are none, he says, “Thank you very much” and sits down, and he’s won.
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