![]() Remember that we’ve all been there and we’re here to help. ![]() M338 2016), places its reader in the role of first-year attorney and provides step-by-step explanations and examples on how to develop and refine trial-level and appellate arguments and how to eventually present those arguments orally. Rocklin, Christine Coughlin, and Sandy Patrick (KF8915. An Advocate Persuades, written by Joan M. M887 2006), provides an in-depth analysis of oral argument and moot court skills and strategies as well as multiple annotated samples of pre-trial motions to dismiss, motions for summary judgment, a writ petition, and appellate briefs. Murray and Christy Hallam DeSanctis (KF250. Adversarial Legal Writing and Oral Argument, written by Michael D. Law Library offers several books that provide examples and step-by-step instructions with regard to oral arguments. Where can I find more resources within the Library? Be prepared to talk for minutes on end, but also be prepared to stop for questions every 30 seconds. Practice speaking slowly, taking your time. Get comfortable with the way your argument sounds and with saying the names of the parties, cases, and statutes get comfortable with the language of the case. Switch up your argument ask yourself questions. Your outline should be a backup when you’re presenting your oral argument and it should be very easy to find the information you need. Make sure you’ve included in your outline exactly what you want the court to do your claim for relief must be clear. Take a manilla folder and staple a sheet to every side. It does not matter how you want to organize your materials as long as your information is outlined in a way that is clear, concise, and easily navigable. Maybe those four sheets include important case quotes and citations key factual points and their record citations main themes you want to stress arguments to fall back on and responses to your weakest points. When you deliver your oral argument put everything you want to have at your fingertips during the argument on FOUR sheets of paper. Maintain strong eye contact throughout your argument Writing your argument out word for word persuades you to rely on those written words when nervous. Formulate questions in your mind regarding the weakest points of your argument and then answer them.ĭo NOT write every word of your argument down and take it to the podium with you. Know the weakest points of your arguments and understand that those weakest points will likely become the foundation for many questions. The most successful oral advocates memorize their opening roadmap and maintain eye contact with the judges throughout. This lets the judges anticipate where you are going and allows them to bring you back to other points if questions from a judge takes you off track. Make these issues clear and straightforward. Tell the court the two or three issues you plan to discuss early in your argument. Your theme should be confident, succinct, and slanted in favor of your version of the case. You have the most focused attention of the court as you first being your oral argument introduce your theme as an intrinsic part of your opening statement. You need to understand how the cases apply to your case and the argument you are attempting to make.Ī focused argument built around a theme is far more likely to succeed. Read the authorities relied upon by each side.Īt a minimum, you should review every case cited in the brief, making sure to note the details of the most important cases: their facts, their reasoning, their outcomes, and how they support or do not support your position. The record facts should be an aspect of your case that you clearly know better than the court. Be the expert on the facts of your case so you are able to field any questions from the judges regarding the record. You will earn major points with the judge(s) for including record cites to the facts of the case. ![]() You want to be familiar with all the materials provided so that you can state the best points for your side persuasively and forcefully. Listening to and understanding the judge’s questions requires a solid grasp of the materials you must know what the judges are asking you in order to fully answer their questions. Understand how the documents connect to one another. Benjamin Franklin once said, “by failing to prepare, you are preparing to fail.” And while the chaos of balancing classes, homework, internships, and part-time clerking gigs cannot be eliminated, hopefully these few tips will help make preparing for your oral argument a bit less painful. The most important part of effective oral argument is thorough and effective preparation. ![]()
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