10 Ways to Slay Your Oral Argument

Dear 1L,

It’s normal to be nervous for your first oral argument. It’s a big unknown b/c you’ve never done it before. But that won’t matter if you’re the most prepared person in the argument room.

Here are 10 Tips to help you prepare.

1: Know your Case Cold.

Master the facts, the law, the record. You need to know them inside & out. Know where all the dead bodies are, too. Force yourself to practice answering the hardest questions you pray you won’t be asked. (You likely will.)

2: Prepare for a Dialogue, Not a Speech.

The best oral arguments proceed like a conversation. Expect a back-and-forth, and prepare accordingly. Giving a memorized speech will not be persuasive, and you often won’t be given the chance.

—IRL, you never know when you’ll get a cold bench (i.e., one that asks few, if any, questions), so you should be prepared with a series of points you want to get across, even though you likely won’t get the chance.

3: Keep it Simple.

Distill your argument into 2-4 primary points. Know them by heart. Make them a recurring refrain you can keep coming back to during the Q&A.

4: Be Ready to Go Out of Order.

With your primary points, don’t be wed to a particular order. If you have points A, B, and C, get comfortable transitioning from B to A, or from C to B, etc.

           👉 If a judge asks something that seems out of logical order, be flexible. Never say, “I’ll get back to that,” or “I will answer that after telling you this.” Just answer the question.

5: Make the Court’s Job Easier.

Judges see oral argument as a way to help them write an opinion. They want to get that opinion right, so you need to be prepared to articulate the legal test you’d apply and how future cases would fare under that test (especially on appeal, where decisions bind future litigants).

6: Be Ready for Hypos.

Judges see oral argument as a way to learn. They want to understand and probe the reach of your position as it applies to other fact patterns. Judges often do so through hypothetical questions. Prepare for these.

👉 If a judge asks a hypothetical question, never answer, “That’s not what happened in this case.”

7: Never Dodge a Question.

If a judge asks a yes or no question, the first words you say should be yes or no. Only then should you elaborate, to try to advance the ball your way.

8: Become Familiar with the Argument Room.

Visit it in advance. Learn where you will sit and where you will stand. Become comfortable at the podium. Spend time in the room. Absorb it. Own it. This will help you feel more comfortable on argument day.

9: See How It’s Done.

Seeing how other arguments have gone will help you in your own. Try videos of top students competing in moot court competitions to watch oral advocacy in a setting like yours. Or read transcripts of past arguments in cases like yours—see what worked, what didn’t, and get ideas and inspiration.

10: Practice, Practice, Practice.

As with all skills, the best way to master oral argument is to practice. If you can arrange a parlay with friends, that works best. You will be sure to get asked questions you haven’t yet considered. And if practice with others is infeasible, a mirror works, too. Stand and deliver your opening points.

Fondly,
💌 Amanda

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