From Preparation to Lectern: Approaching Your First Appellate Argument

• Pages: 4-5
• Date: 01 April 2026
• Published date: 01 April 2026
• Author: Ethan Weber
• Subject Matter: Derecho Público y Administrativo

Appellate Practice

American Bar Association Litigation Section

Spring 2026, Vol. 45 No. 2

© 2026 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be

copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent

of the American Bar Association.

4

From Preparation to Lectern: Approaching

Your First Appellate Argument

Ethan Weber

Feb 27, 2026

An attorney’s first appellate argument can be a daunting experience, no matter when in one’s

career it occurs. Where do you start? How do you approach the panel? And how do you get the

opportunity in the first place?

On February 9, 2026, the ABA Litigation Section’s Appellate Practice Committee hosted an ABA

Roundtable discussion, “Preparing for Your First Oral Argument.” Panelists, ranging from newer

attorneys to experienced practitioners, discussed their approaches to preparing for oral

argument, handling the argument itself, and getting first-chair appellate experience. The

panelists offered practical advice that can be distilled into actionable tips that any litigator can

use.

Prepare, Prepare, Prepare

While this may sound basic, preparation is the foundation of any successful (appellate)

argument. The upshot is that, as former law students, all attorneys know how to prepare in

ways that work best for them. Think about it as a law-school exam.

This was apparent from the panel, as each speaker described slightly different approaches. One

panelist creates a comprehensive outline that is gradually winnowed down. Another keeps a

running list of any conceivable question the bench might ask—no matter how far-fetched—

along with a response to each. Yet another handwrites the entire argument from start to finish,

first with notes and then from memory. Some prefer formal practice moots while others

rehearse in front of the mirror.

The common thread is not the process itself, but a commitment to the process.