Stepping Stones: Preparing for Appellate Oral Argument

• Pages: 2-3
• Date: 01 April 2026
• Published date: 01 April 2026
• Author: Danielle Edwards
• 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.

2

Stepping Stones: Preparing for Appellate Oral

Argument

Danielle J B Edwards

Mar 10, 2026

Appellate oral argument can be daunting. Months after briefing concludes, the attorney must

refresh his or her memory of every detail of a case and then stand ready to defend their

position. Approaching the panel of appellate jurists can feel like facing a firing squad. But good

preparation will turn a terrorizing prospect into one that is calm and, even possibly, enjoyable.

Follow these steps for a strong start and a rewarding finish.

1. Know your record. Even the most obscure procedural detail from a trial-court record can

become a lynchpin of success or failure. No one, the court included, will ever know a case as

well as the appellate advocate should know it on the day of oral argument. Standing ready and

able to answer questions about the trial-court record (e.g., grounds alleged for summary

judgment regardless of success, the identity of prior removed parties, whether the parties were

canvassed by the trial court, etc.) will be critical to appellate success. The court will either be

pleased or frustrated with your answers about the record. So, prepare to leave them pleased.

2. Know your cases. Carefully reread each of the cases on which you relied so you can succinctly

explain them. Your opponent likely criticized your authorities in briefing, so, prepare to rebut

those attempts and clarify your most important points for the court. And, practice pronouncing

the case names.

3. Know your opponents’ cases. Just as importantly, do the same for your oppo nents’ authorities

and practice explaining why the court should not rely on them.

4. Re-Shepardize key cases and other authorities on both sides. Much can happen during t he

interval between briefing and oral argument. It is a rather simple task to re-check subsequent

treatment of cited authorities. If new binding or advisory authority has issued, the advocate may

file a written submission to alert the court and explain why it is or is not important, vis-a-vis

their position. Alternatively, they may prepare to discuss the same during oral argument. Either

way, an advocate should acknowledge the authority and persuasiv ely steer the court in

understanding it constructively.