You can present an oral argument to the court after filing an appellate brief.In front of the Supreme Court or law school Moot Court, oral advocacy is an important part of convincing judges to decide in your favor.In a clear and convincing manner, you will need to extensively prepare, understand your case, and present arguments.
Step 1: Understand the purpose of the oral argument.
You can present an oral argument after you submit a brief or motion.The purpose of oral argument is to help clarify the issues for judges.The judges will be having a dialogue with you about oral argument.The judges are not enemies.Hard questions may be asked by judges because of the issues they are grappling with.Some hard questions are not an attempt to trip you up.Appeals are associated with oral argument.The losing party can appeal after a trial court renders a decision.Appeals are usually heard by a panel of at least three judges.There will be oral arguments for critical motions in trial courts.
Step 2: Find the court's list of rules.
The rules that attorneys must follow during oral arguments will be listed by some appellate courts.The court has rules on its website.You should ask the court clerk if you have a question.You will be given a list of rules if you are preparing for a Moot Court competition.Follow the rules.Follow the court's rules if the rules conflict with what you read here.
Step 3: Go back and read the briefs.
You need to read all briefs.You need to know the legal issues in the case and any disagreements the two parties have about what the law means in order to argue in an oral argument.You have to know the facts inside and out.Even though you won't present a summary of the facts, you should expect questions about the record.The record should be taken out (the transcripts, trial motions, jury instructions, etc.).Become familiar with it.
Step 4: The legal authority was cited by the parties.
Various court opinions, statutes, treatises, and law review articles were cited as legal authority in the briefs.You need to re-read this material so that you can discuss it and answer questions about how it relates to your case.Re-read the authority cited by the other party.You need to be aware of their cases as well.
Step 5: You should outline your argument.
An outline of your argument is needed.The argument should follow the order of the arguments in your brief.You may have sandwiched your weakest argument between your stronger ones.If you want to discuss your strongest arguments first, you should change your arguments from strongest to weakest.New arguments can't be introduced into an oral argument.If you forget to make an argument in the briefs, you can't argue on the other side.The purpose of an oral argument is to address the arguments made in the briefs.You take a folder with you to the podium and write your outline on it.The conviction should be reversed because the lineup was unfairly prejudiced according to the legal argument.relevant facts with respect to a lineup could be that all of the other people in the lineup were taller than you.You may want to write down the name of a legal case that was similar to yours that you are citing for legal authority that filling a lineup with people of different races is unfair.If you don't know what to put in your outline, look at your brief.An outline of your legal arguments can be found in the Table of Contents.How well you know your argument will affect the amount of detail you include in your outline.Paragraphs for each legal argument you make.Make an argument.You need to revisit your brief, the record, and the legal authority you cited if you don't know what to say in support of your argument.
Step 6: There are important facts and legal authority.
If you forget the name of a case when you deliver your argument, you will want to have a cheat sheet with a few relevant facts.You can use this sheet to jog your memory.The cheat sheet can be put on the other half of the folder.If you need help remembering the case, you can just glance down at the podium.To jog your memory, write the case name or statute and then a relevant fact or two.Write down the point of law you cited.
Step 7: Put together a list of questions and answers.
Pretend that you are a judge.You should be aware of the weaknesses of your case after re-reading the briefs.Each question can be written on an index card.Whenever you have a spare moment, you can practice by shuffling the cards and answering the questions from the deck.The answers to the questions should be written down.Keep answers short and to the point.It's easier to remember a short answer and you can spend more time talking about the issues.The two answers were compared.You could argue that the eye-witnesses identification should have been thrown out because of the lineup.The government says the issue is unimportant because the witness never identified the defendants.How can you say the identification was unconstitutional when there wasn't really an identification?The witness never said that he was the one.I don't think we need to rely on formality.It doesn't matter what label we use.It would be better to see what the witness said.When the government presented her as a witness in its case, I would argue that it was close enough to an identification.They need to follow the Constitution if they want to give it to the jury as an identification.Try to rephrase your answers.
Step 8: It's practice.
Do several practice runs and give your list of questions to a friend.If you want your answers to be persuasive, have the friend ask you the questions.Transitioning between arguments is something that needs to be worked on.You can raise three issues in an oral argument.They should be presented in a one, two, and three order.The judges may want to take you to issue three.It's important to practice transitioning from three to one.Every combination should be practiced.If you want to transition to your first argument, start with the second argument.When judges ask a lot of questions, it is called a hot bench or hot panel.It's a good idea to deliver an argument to a cold bench.
Step 9: Listen to arguments that have been written.
Many courts put their oral arguments on websites.If you can't attend an oral argument in person, you should listen to recorded arguments to get a feel for how attorneys answer questions.You will argue in the court.Supreme Court arguments are great, but they may not be the same as an argument in your court.
Step 10: It is appropriate to dress appropriately.
When presenting an oral argument, you need to be dressed in business attire.Conservative and gender neutral styles and colors are what you should pick.Navy blue or gray are the best dark colors.Women should wear a pant suit or skirt suit.There are no dresses.Men should wear a business suit.Leave fun ties at home.Instead, wear a blue or red tie.
Step 11: It's time to turn off your cell phone.
All cellular phones and pagers should be turned off before entering the court room.Make sure the electronic device is turned off.Some people watch it.They forget this when they are at the podium.
Step 12: Find out where you're supposed to be sitting.
Each party will have their own table or bench to sit on.You should know where you are supposed to be.The appellee sits to the right of the judges, while the person bringing the appeal sits on the left.If you don't know where you are supposed to go, sit in on at least one day of oral argument to watch what counsel does.
Step 13: Speak with confidence into the microphone.
Not all courtrooms will have microphones.Using a comfortable speaking style, you should speak directly into the microphone.Speak loudly so that the court can hear you.Don't apologize for being nervous.No matter how nervous you are, speak at a normal speed.Don't say "Umm..." or "Ah..." if you need a second to think or look at your cheat sheet.
Step 14: You should introduce yourself to the court.
If you are representing yourself, you can say, "may it please the court, my name is [Insert your name]) and I represent your client."Introduce yourself to the judges together.
Step 15: If you are the person who is appealing, reserve time.
You can use some of your time for rebuttal if you are the party bringing the appeal.You will have to tell the courts how you will divide your time.You should tell the other courts at the beginning of your argument.You should reserve at least five for rebuttal if you are given 20 minutes.
Step 16: Let us know your requested relief and the grounds.
The court should know what relief you are requesting after you introduce yourself.Lay out your arguments in the order you want them to be presented.Tell the court what you want it to do.If you asked the court to overturn Mr. Smith's conviction for three reasons, you would say.The police lineup was suggestive and violated Mr. Smith's Due Process rights.The introduction of guilt-by-association evidence prejudiced Mr. Smith.The court's refusal to allow Mr. Smith to present an alibi witness denied him a fair trial.If they are particularly interested in an issue, they may cut you off before you finish.
Step 17: It is a good idea to avoid a lot of facts.
The judges are familiar with the facts of the case.Unless a judge asks for clarification of the facts, you should not start a discussion.If you assume the judges know what you're talking about, refer to facts confidently.You don't have to say, "As I'm sure the court knows, the defendant was arrested on a Friday but not arraigned until Monday."
Step 18: Looking at the judges.
You need to make eye contact.As you make your argument, look from judge to judge.You should look at the judge who asked the question.Don't address your argument to the opposing counsel.
Step 19: Stand up.
If you deliver an oral argument, avoid being theatrical.Stand still with your hands at your side or resting on the podium in front of you.The way a lawyer does in a movie when delivering a closing argument is to pace back and forth.Don't use your arms to point fingers or other gestures.Don't bring a lot of material with you to the podium.You will not have time to read through binders full of paper or thumb through your brief.Refer to your cheat sheet in front of you on the podium if you need help remembering a fact.
Step 20: Attempt to avoid using exhibits.
An oral argument is not a presentation.Exhibits should not be used during your argument.If you need an exhibit to clarify something, make sure it's no larger than a piece of paper.The exhibit should have been included in your brief.You can refer to the appendix in your argument.You can't introduce new evidence during the argument.You should scrutinize any exhibit you use to make sure it doesn't contain new facts or interpretations that are not in the briefs.
Step 21: All of your arguments are raised.
All of your arguments should be raised in your opening argument.Arguments should not be saved for the first time on rebuttal.If you have to, mention an argument in a single sentence.All of your issues should be raised in the opening argument.
Step 22: Before answering a question, understand it.
You do not want to waste time answering a question that has not been asked.Listen closely to the question.Asking the judge what he or she means is not supposed to be done.The judge can correct you if you are on the wrong track.
Step 23: The question was posed.
You should not dodge a question because you don't have a good answer.Directly answer the question.You should have a decent answer if you have anticipated the question.If the judge asks a "yes or no" question, try to clarify briefly, to provide context to your answer.If the judge asks, "Didn't you admit that you were guilty to the prosecutor?" you can say "I did."Answering questions directly signals to the judges that you are honest and confident in your argument, as explained in my brief.Judges will make arguments.Although you cannot introduce arguments at an oral argument that you didn't make in the briefs, you must always answer the judge's question.If you have to answer the question by speculating, then so be it.Say, "That wasn't in the record, Your Honor."I would say if I have to speculate.
Step 24: Correct and incorrect information is provided.
If the facts are incorrect, you should correct them.The correct information can be provided when you say, "Actually, Your Honor, the record says..."You can say, "I disagree with that" if the judge persists.You won't win an argument with a judge.You don't want to waste a lot of time haggling over details.Refer the judges to the correct factual information in your brief.
Step 25: Don't say anything to the judge.
You should stop talking when a judge asks a question.The judge may be anxious to ask a question or she may not like your argument.You can't know why you were interrupted, so do not get flustered or upset.If the judge interrupted an important point you wanted to make, you can try to get it back in one of your answers.
Step 26: Supplemental briefings can be offered.
Judges can identify legal issues that neither attorney has.You may be asked a question you have never thought of.You can offer to provide supplemental briefings instead of trying to come up with an answer on the spot.If you think the issue is critical to the case, it is a good idea to offer it.Supplemental briefings must be for issues raised by the judges.It is not the same as writing a compelling brief or making arguments in the briefing.
Step 27: Listen closely, listen closely.
The appellee can repeat what is in their brief.The appellee may respond to your arguments in a creative way.Listen closely to hear what the appellee is saying.You need to respond to the arguments made in rebuttal.
Step 28: List the appellee's strongest arguments.
Draw a line down the center from a blank piece of paper.Write out the arguments that the appellee makes.Write down any misrepresentations the appellee makes.Do not write out every argument the appellee makes.You won't have time for that.Your gut tells you to respond, so focus on the arguments.
Step 29: Counterarguments were down by Jot.
Write out counterpoints on the right-hand side of the paper as you listen to the appellee.The counterpoints should be beside the argument.Write down what you want to say.Write down the correct number if the appellee quotes a wrong number.Note the correct holding if the appellee makes a mistake.
Step 30: The arguments should be ranked according to importance.
As the appellee wraps up their argument, rank the counterarguments from most pressing to least pressing.Some of the rebuttal time will be eaten up by answering judge's questions.By ranking the arguments, you can make sure to address the most important in the time you have left.
Step 31: Rebut the argument.
The judges should be reminded of what the appellee argued.You can either counter the argument or clarify it.First, I want to clarify that my client spent five nights in jail, not two, as you just heard, and second, the state claims that the Supreme Court doesn't require Miranda warnings every time the police question a suspect.That is not what the court held.Instead...
Step 32: Repeatedly request for relief.
You can either make it through the rebuttal with time to spare or you can run out of time halfway through a sentence.Stop making arguments if the latter.Say, "I see my time has run out" if your time runs out on you.If you are granted time, you should simply state your requested relief.As part of your conclusion, do not make substantive argument.