We have recently had the opportunity to explore and recalibrate some of the standard principles of skilled appellate oral advocacy. Saxe & Catterson, “Some Thoughts on Oral Advocacy: Some Old, Some New,” NYLJ (Jan. 18, 2022). Much of what we wrote about involved courtroom presentations in which appellate counsel had sufficient time to prepare a cogent argument, albeit one occasionally peppered with questions from the panel members.
Our purpose here is to explore the oral presentation, especially from the vantage point of inquiries from the panel. Sometimes the questions are a seamless and welcome part of the oral argument and may lead to the advocate’s success by demonstrating that the panel is deeply involved with the argument being made.
