Busy appellate courts have adopted rules that allow them to dispense with oral argument if they see no need for it, and many appellate judges have said that argument only “occasionally” changes their mind. But what if your appeal is one of those “occasional” ones? Here are some suggestions for making your best oral argument after you have locked your finest written efforts into print.

1. Know the Record and the Briefs. It is not enough to simply read them beforehand. You must know and understand the arguments on all sides to the controversy. Read and Shepardize all the cases cited in a brief, even the string cites. Also, remember to research the latest word on the law immediately before the oral argument: nothing is worse than being told by a hot bench that a higher tribunal has just handed down a decision that eviscerates your case.

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