Five Tips for Oral Argument. Use your oral argument time wisely and be a good advocate

• Author: Shaunta Knibb
• Pages: 1-2

Appellate Practice

Winter 2021, Vol. 40 No. 1

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ARTICLES

December 17, 2020

Five Tips for Oral Argument

Use your oral argument time wisely and be a good advocate.

By Shaunta Knibb

Oral argument is an important aspect of an appeal. It is your opportunity to educate a panel

of three judges about the key issues on appeal and to answer any questions or doubts that

the judges may have. Here are five tips for an effective oral argument.

Tip No. 1: Do Not Waive Rebuttal Time in Advance

Although you may think you know your opponent’s arguments and plan to address them in

your presentation, a judge may ask a question that you can address favorably for your

client. Use rebuttal time to do this. You can also use rebuttal to address any misstatements

by counsel or the court.

However, be professional and courteous to the court and the opposing counsel. If you

disagree with a statement of counsel, be respectful in your manner of correction, and then

move on.

Tip No. 2: Do Not Read Your Brief to the Court

Reading from your brief should be unnecessary. Focus on the key legal issues and engage

the court. The court is not there to listen to a speech.

Tip No. 3: Know Your Panel

Once you learn who will be on your panel of judges, research their style at oral argument so

that you can be prepared. Be prepared for questions, and practice how to address pointed

questions in the best manner possible for your client. Ask your colleagues to assist by

participating in a mock oral argument.