SAN FRANCISCO Before starting this month’s special session at UC-Davis, California Supreme Court justices presented the law students on hand some tips for oral advocacy. Don’t ignore or evade questions from the bench, Justice Joyce Kennard counseled. Don’t tell the court, “That’s not the right question to ask.” And don’t ask questions the justices will take care of the questioning, thank you.
Based on this month’s proceedings, Kennard could have offered one more tip: When you’re scoring points with your argument, don’t pour it on too thick. Two attorneys violated this rule one with a sentimental excursion through the history of an amusement park ride, the other with a fanciful analogy between revocable trusts and gift wrap. The justices showed little patience for either gambit.
