How to Prepare for an Oral Argument in Court

One way to prepare for oral arguments in court is to be current on relevant case law.

Attorneys give oral arguments to a panel of judges. An oral argument addresses legal points of the case. You want to prepare well for this dialogue between you and the court. You will need skill and confidence to effectively communicate the points you need to make to the judges. In addition, you will need to be ready for whatever the judges ask you. Counsel will need to refer to cases in that court which have set precedence as he argues. Every court has a slightly different protocol, so you may want to attend court first to watch how it works.

Instructions

1. Review the case briefs for both sides. There might be a significant delay between the actual writing of the briefs and the preparation of the case. This will give you an opportunity to clarify your case and respond to your opponent.

2. Refamiliarize yourself with case authorities. Make sure that there have been no changes in case law since your case was filed.

3. Review case fact. You don't need to recite it unless asked, but you should know where to find it. Refrain from citing allegations as true.

4. Assess the strengths and weaknesses of your case. Focus on the main issues so that you have time to address what you need to. Prepare to answer any weaknesses to reassure the judges of your stand.

5. Find a theme which connects and summarizes your case. Tell the court why you should win. The theme of your case pulls together the moral reasons why you should win. Legal theory addresses legal reasons you should win.

6. Look at the judge's perspective. Put yourself in his shoes so that you can understand his position and anticipate any potential questions. Ask the hard questions, even ones that shoot holes in your case. Look for ways to overcome objectives. Spend time working on those points, with a partner if possible. Preparation will help you avert possible problem areas.

7. Prepare your outline. Use one sheet of paper or the inside of a folder. Make eye contact with judges, which increases your credibility with the court.

Tips & Warnings

• Maintain control, but be flexible for a balance of organization with interaction from judges.

• Divide your time between giving the argument and answering questions.

• Remain calm and collected. Avoid becoming overly emotional.

• Avoid reading your argument per Supreme Court protocol.

References

• Seattle University: How to Prepare for and Give an Effective Oral Argument
• University of Arkansas at Little Rock: Preparing for and Delivering an Effective Oral Argument
• State of Ohio Ninth Court: Guide for Counsel Presenting Oral Arguments to the Ninth Disctrict Court of Appeals