Oral Arguments Guide for Counsel - page 7

illustrates that counsels' preparedness and understanding of protocol enable the Judges
to efficiently probe and comprehend the parties' arguments.
Counsel are encouraged to listen to the oral argument in
. An audio file of the
argument is available on the Court's Website,
, under "Oral Arguments",
"Audio", "2005."
Remember that briefs are different from oral argument. A complex issue might take up a
large portion of your brief, but there might be no need to argue that issue. Merits briefs should
contain a logical review of all issues in the case. Oral arguments are not designed to summarize
briefs, but to present the opportunity to stress the main issues of the case that might persuade the
Court in your favor.
Some counsel find it useful to have a section in their notes entitled "cut to the chase." They
refer to that section in the event that most of their time has been consumed by answering questions
posed by the Judges. Consulting a list of essential points allows counsel to efficiently use the few
precious minutes remaining to stress main points.
If your argument focuses on case law, statute, regulation, or other enactment, be sure that the
authority is printed in full in one of your pleadings so that you can refer the Judges to it and they can
look at it during your argument.
Do not bring numerous volumes to the lectern. One notebook will suffice. Some brave
counsel know their cases so well, they argue without any notes.
Be well acquainted with the entire body of law that relates to each issue, not just the cases
you cite in your brief.
Know the record, especially the procedural history of the case. Be prepared to answer a
question such as: "Why didn't you make a motion for expedited consideration?" You have the
opportunity to inform the Judges about facts of which they are not aware. Judges frequently ask:
"Is that in the record?" Be prepared to answer. It is impressive when you can respond with the page
where the information is located. It is also quite effective to quote from the record of proceedings.
Do not make assertions about issues or facts not in the record. Know your client's claim.
Know the circumstances of your client's medical examinations, names of physicians, dates of
examinations, and whether there are conflicting opinions.
Many attorneys find it instructive to attend a courtroom session before their scheduled
argument day. If you choose to do this, feel free to come by the Clerk's Office and introduce yourself
to the Clerk.
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