The best oral argument I (n)ever made.

• Date: 22 September 2005
• Author: Kaye, Judith S.

Back in my days as a litigator, I often faced the same pre-argument dilemma: Do I invite my family or not? Plainly I would want them all there at the conclusion of a flawless performance, but what if things didn't go so well? What if I was trapped by a question from the Court, or shown up by the adversary? Embarrassing enough in a roomful of strangers. But why heighten the risk, and pressure, by bringing family?

Baldt v. Tabet was an exception. Though we had lost on summary judgment, the trial had gone well before United States District Judge Charles Tenney, (1) and I felt sufficiently confident about our client's prospects on appeal to spread the word as the date for oral argument in the Second Circuit neared. The client, my husband, my in-laws, and countless others accompanied me on that sunny and beautiful June 26, 1975...