Dear 1L: Part 2 of 3 Oral Argument Tips

Dear 1L,

Here is Part 2 of 3:  Tips to help you prepare for oral argument.*

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TIP 4: KNOW YOUR JUDGES WELL

Picking up where Part 1 left off . . . 

🔹 Find out in advance how the individual judges have ruled on issues relevant to your case, and prepare how you might use that on argument day.

✏️ When a judge is predisposed to rule against you, you might raise one of their past decisions to assist in answering their questions. If you explain (politely) why their ruling against you in your case would be inconsistent with their prior decision, you might just turn them around to your side.

🔹 Learn each judge’s name and how they want to be addressed. Know where they sit on the panel so that you can address them appropriately in response to their questioning. 

✏️ Practice addressing them by name (unless, of course, you have learned that they prefer to be addressed otherwise).

In the words of Chief Justice John G. Roberts Jr., 

When I used to argue cases around the country, I would always go out a day early, sit in on a court session, and talk to the bailiff . . . How do the judges like to be addressed? . . . As ‘Your Honor”? . . . As ‘Judge’? . . . 

And when you do that, the judge doesn’t notice anything, and that’s fine. . . When you don’t do it, he notices it, for whatever reason, and it’s a distraction . . . . 

To the extent those things—little tiny things—become distractions, that’s not good.

(See Garner, infra, at 13-14.)

TIP 5: KNOW YOUR COURT

Visit the argument site 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.

✏️ Also know how your court allocates its rebuttal time. Every court does it a little differently.

TIP 6: WATCH HOW IT’S DONE

Seeing how other arguments have proceeded will help you feel more confident in your own one.

✏️ Find videos of top students competing in moot court competitions to watch oral advocacy in a setting like yours.

✏️ Read transcripts of past arguments in cases like yours—see what worked, what didn’t, and get ideas and inspiration.

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*As stated in Part 1, these tips are a synthesis of: 

▫️ several dozen comments from oral advocates in response to my original post;
▫️ an excellent article by Heidi Brown; 
▫️ a power-packed podcast by Jonah Perlin; and
▫️ an interview with Chief Justice John Roberts, as reported by Bryan Garner in The Scribes Journal of Legal Writing (vol. 13, 2010)

Heartfelt thanks and appreciation to all contributors.

Fondly,

Amanda

P.S. Follow —> #Dear1L (898 followers) to receive future letters.

P.P.S. To review original comments in their full form, see the original thread and Part 1 of this post (links in comments).

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