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In this lesson, you will get tips for oral argument, how to prepare, and some brainstorming questions to ask yourself about your case.
Oral argument
- Greet the judge and briefly state your name and role, plaintiff or defendant.
- Summarize your legal premise and state the legal, moral, or public policy reasons why you should win.
- State the facts fairly. You’re telling a story, so be compelling.
- State the law in such a way that your facts are strongly connected to it.
- Say exactly what the law is but interpret what that means to you.
- State your strongest point. Then give a simple but strong example of that point.
- Don’t read or otherwise appear to be unsure.
- Name your strongest appellate case and identify the court, the facts, the outcome, and reasoning in the case
- Tie in the facts of your own case. How are the facts similar to the appellate case?
- State other cases only if necessary.
- End on a strong note. Touch upon your introduction and briefly tell the court why you should prevail and what you want the court to do.
- When done, stop talking. No extra stuff.
- Be ready for questions.
- If you’re allowed a rebuttal, address the strongest and most damaging points your opponent made and identify defects in your opponent’s argument. Then, go after their biggest appellate case with opposing cases.
- Drive home your strongest point and reiterate the reasons you should prevail.
Transcript
To argue effectively, you must know the facts of your case. The law, and your argument or position very well.
You should also know the questions the judge is likely to ask and answers to those questions.
Practice enough so that you\’re able to easily roll off your tongue the cases and statutes you want the judge to apply. And be so comfortable with your argument that you can say it in your sleep.
Parts of your argument are important and short enough that you might want to memorize them. This includes the opening, closing, and key points.
Some people prefer to memorize their whole argument, but that could be a double-edged sword.
If you memorize very well, you might do fine.
Otherwise, if you forget at some point or get thrown off your point by a judge\’s question, You won\’t look good. Further, memorizing might get in the way of persuasion and throw you off focus.
If you know your case well enough, you won\’t need notes during your argument.
Writing things down in preparation, though, will help you remember better.
Write an outline of your case, your opening and closing arguments, key points you must make, authorities, and examples you want to use.
Consider what the major disagreements are in your case, what you need to say to persuade the judge, your opponent\’s arguments, and questions the judge might ask.
What are the answers to all those questions?
Outline and rehearse the answers to these questions.