The handling of questions from the bench.

• Jurisdiction: United States

Section 121. The handling of questions from the bench.—Replying to the questions asked by the judges is without doubt the most difficult aspect of oral argument; certainly it is the most stimulating aspect; and it is unquestionably one of the most important. Yet the basic principles of this particular problem can be broken down into about three admonitions.

(a) Learn to think on your feet. As to this, familiarity with the case helps, and so does thorough preparation, because the more questions you anticipate, the more answers you will have available to supply when the test comes. Undoubtedly a ready wit is of substantial aid; practice helps, and experience helps too, although in large measure quick-wittedness is congenital; you either have it or you haven't.

I have known some lawyers, able and intelligent citizens, too, who were simply struck dumb by questions from the bench, questions which they had anticipated beforehand, and on which they were prepared. The ensuing silences caused those associated with the case to burn their eyes onto the floor, hoping against hope that some trap door would open up through which they could disappear from the horrible scene they were witnessing. If you are one of those forensically weak, silent men—well, the only known cure is to stick to estate planning, brief writing, and office conferences. It's much easier on all concerned.

At the same time, no advocate, however able, will ever be completely satisfied with any...