Know Your Audience

• Pages: 14-14
• Date: 01 April 2026
• Published date: 01 April 2026
• Author: Angela Olalde
• 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

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14

Know Your Audience

Angela Olalde

Jan 30, 2026

We’ve all heard that one of the most important rules of writing is to know your audience. But

knowing your audience isn’t just about writing, it’s about every contact you make with the

court, whether it’s in person, on paper, or online. It’s also about how you interact with

opposing counsel—which should be courteous and hopefully frank, regardless of how your

friend on the other side reacts—because conferring is a routine and integral part of our practice

as appellate and trial counsel.

So start with the court you’re in: Know the local rules, and know your judge’s individual

procedures and preferences. Find out whether they read on paper (so that providing a courtesy

copy of a long brief or motion would be helpful), or on screen with bookmarked and

hyperlinked PDFs. Maybe they hate the word “disingenuous” (which is a word you probably

should avoid, anyway). Learn how they like to run their courtrooms and dockets, and the best

way of communicating with the court’s staff (because they may communicate about you). This

is true in trial and appellate courts alike.

Having this basic information at the start of a case or appeal will help inform and advance your

tone and presentation. It may even give you an advantage.