Have an appellate oral argument coming up? We discuss tips shared by top appellate attorneys how to prepare for and give oral arguments. Some tips include:
🗣️ Anticipate the panel’s questions when you can, but…
🗣️ …be prepared to respond when you don’t know the answer.
🗣️ Be prepared to answer: “What is your rule” for answering the key statutory or legal question.
🗣️ Give direct answers to the panel’s questions.
🗣️ Don’t read your argument. The judges have enough of what you’ve written. Now they want to hear what you say.
🗣️ Give a different spin—don’t just repeat what you said in briefing.
🗣️ Concede weak arguments.
🗣️ Just be a friend of the court: be polite, don’t interrupt, and try to help the court do its job solving the problems in your case.
The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.
Other items discussed in the episode: