Brevity is the Soul of Rebuttal
“My liege, and madam, to expostulate
What majesty should be, what duty is,
What day is day, night night, and time is time,
Were nothing but to waste night, day, and time;
Therefore, since brevity is the soul of wit,
And tediousness the limbs and outward flourishes,
I will be brief. Your noble son is mad…
”
“Silence is the perfectest herald of joy; I were but little happy, if I could say how much.”
While I certainly advocate for utilizing rebuttal time in oral argument, you, dear Appellant, should keep it brief and to the point. Limit your rebuttal to no more than three points. At this stage, that is more than enough to solidify your position. Rebuttal is the time to wrap up your argument, not to unpack it further.
The rebuttal should respond to the Appellee’s argument, or perhaps to a question the Court asked your opponent for which you have a good answer. Don’t just repeat what you have already said. This is your opportunity to succinctly show the Court how your core argument prevails in light of what was just argued by your opponent.
One bad habit that I have seen lawyers employ in oral argument is to begin a statement with “Again….” Saying “Again…” before a statement is a red flag to the Court that you are about to repeat yourself.
On most occasions, save no more than three minutes for rebuttal, and be prepared not to use it. As Will Rogers said: “Never miss an opportunity to shut up.”
