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In this lesson, you will get tips on what to take with you to court, how to present yourself during oral argument, things to avoid, and tactics to keep in mind.
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
Keep what you plan to look at during the case to a minimum.
You want an outline of your case with key points. Cases your opponents may argue and cases and statutes to hand to the judge.
Anything else you have should not be very close to you during argument.
During your argument, remember to make eye contact with the judge and be brief. Make every word count.
Use a conversational tone.
Listen to your opponent\’s argument so you can address the points they\’ve made when given the opportunity.
Avoid drama.
Use a conversational tone to persuade. It works better than drama.
Don\’t move or gesture too much, including pointing, fidgeting with paper or pencils and grabbing the podium.
Avoid the words I believe or I think instead, speak from facts.
The facts show clearly is not a good word to use either.
Things may not be as clear to the judge. Also, stay away from sarcasm.
As a pro se litigant, you might sometimes feel like a potted plant. Don\’t let the judge and attorney ignore you for long.
Let them know in as respectful a way as possible that you\’re there and ready to argue.
Demand respect and get your point across even if you feel you\’re the only one playing by the rules.
Believe in your case and in yourself.