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Preparation for your argument
- Know the questions the judge is likely to ask and answers to those questions.
- Practice so that you’re able to easily roll off your tongue the cases and statutes you want the judge to apply.
- Be careful with memorization. It might get in the way of persuasion.
- Understand the major disagreements in your case.
- Understand what you need to say to persuade the judge.
- Understand your opponent’s arguments.
- Outline and rehearse the answers to questions the judge is likely to ask.
General tips
- Bring an outline of your case to court with key points, cases your opponent may argue, and cases and statutes to hand to the judge. That’s all.
- Don’t read.
- Make eye contact with the judge and be brief.
- Make every word count.
- Use a conversational tone.
- Don’t point fidget or grab the podium.
- Avoid phrases like “I believe” or “I think”. Instead, assert the facts. “The facts show…”
- Avoid the word “clearly”. Things may not be so clear to the judge.
- Avoid sarcasm.
- Don’t let the judge and attorney ignore you for long.
- Believe in your case and in yourself.
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
This is Portia, and welcome to arguing in court lesson seven of our course on introductory legal skills.
In this lesson, we\’ll discuss preparation for your argument and general tips.
Then we\’ll focus on the oral argument.
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.
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.
Greet the judge and briefly state your name and role, plaintiff or defendant.
Summarize your legal premise and the legal, moral, and public policy reasons why you should win.
Then briefly state the conclusion you think the court should come to.
State the facts fairly.
You\’re telling a story. You want it to be compelling. Let your words create a picture for your audience and make issues and basic disputes clear.
The story you tell and the tone in which you tell it should fit the facts, type of case, and your goals and audience.
An argument on a motion to dismiss will be different from one for sanctions.
State the law, but try to do it in such a way that your facts are strongly connected to it.
Be accurate, but at the same time, state the law in a favorable light.
That is, 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.
For instance, a simple car accident example might be a good buildup for a more horrifying injury dispute.
This should come easily off your tongue.
Don\’t read or otherwise appear to be unsure.
Name your strongest appellate case for that point.
Identify the court where the case was decided and the facts of the case. Go on to state the outcome of the appellate case and the court\’s reasoning and why it\’s important.
Then tie in the facts of your own case.
How are the facts similar to the appellate case?
State other cases only if you feel it\’s 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 at any point in your argument, especially at the end.
You should have anticipated and rehearsed the answers to any questions the judge is likely to ask.
Listen to the question and don\’t overthink it. The judge is not trying to trick you. It\’s okay to pause for a minute and consider what the judge is concerned about.
Does he simply want to clarify something, or does he have questions about the merits of your case?
Keep your answers short and on point.
If you\’re allowed a rebuttal, address the strongest and most damaging points your opponent made.
Identify defects in your opponent\’s argument, then go after their biggest appellate case with opposing cases.
If you can\’t thoroughly do that, try to soften the blow by driving home your strongest point.
In the end, reiterate the moral, legal, and policy reasons why you should prevail.
In summary, lesson seven discussed preparation, including practicing, brainstorming, and memorization.
In general tips, we looked at the things to bring and remember, things to avoid, and pro se moxie.
Finally, we talked about the oral argument including facts, law, and presenting your position.