Today’s column is the third and final installment of a three-part series intended to help readers understand and hopefully avoid some of the most troublesome pitfalls lurking in appellate practice. This column focuses on what usually represents an advocate’s final opportunity to persuade the judges to rule in the client’s favor—the appellate oral argument. Part one of this series, which appeared in December 2018, focused on the notice of appeal that begins the appellate process. And part two, which appeared last month, focused on appellate briefs.

As an appellate advocate, one frequently hears that the briefs on the merits are the most important part of any appeal. Thus, appellate oral argument typically plays a secondary role in the decision-making process, with appellate judges reporting that oral argument changes their minds in only a small percentage of the cases.