In my first Ninth Circuit argument — an asylum case in which I represented the refugee — the court evidently wasn’t getting what it wanted from the government’s lawyer. When I stood up for rebuttal, one judge asked me: “What is the government’s best argument?” I was stunned, but I could respond because I had asked myself that question a dozen times.
You can never be sure what they’re going to throw at you. But you can prepare yourself for just about anything. There are as many ways to get ready as there are lawyers; but I favor a method described in Supreme Court and Appellate Advocacy: Mastering Oral Argument, by former Assistant Solicitor General David C. Frederick.
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