Concessions in oral argument.

• Jurisdiction: United States

Section 125. Concessions in oral argument.—A concession that you make in oral argument will almost certainly be given effect by the court.²⁶ If you make such a concession advisedly, fine; but if you do so inadvertently, on impulse or because of less than complete mastery of the record, you cannot expect the result to be different.

This consequence of being taken at your word is to be distinguished from having your argument misquoted; it is bad enough to lose a case, but infinitely more painful to one's professional pride to have the adverse opinion misstate what one actually said. And the reflection that the three inescapables are death, taxes, and being misquoted serves only partially to ease the hurt.

In the Supreme Court, as has already been indicated (Section 116, supra), the arguments of counsel are now taken down on a machine. Many recent opinions of that tribunal...