More Oral Argument Tips- Know Your Law
“He doth indeed show some sparks that are like wit.”
Much Ado About Nothing V,2; Benedick to Margaret
For the next installment in Thirteen Things You Should Prepare for in Oral Argument, I admonish you to
2. Know your law.
The judges have read your brief, and your opponent’s brief. They have considered this appeal, maybe even come to some conclusions. There you are, at the podium. Why?
Think of yourself as a resource, there to guide the judges through the thicket of case law, statutes, rules, and other authorities that justify your argument. The panel consists of learned legal professionals. They know why you cited to various authorities; at this phase, they need you to drill down on the core purpose of those citations. To do that, you have to know your law.
Why is a particular case distinguishable or why it is controlling? What parts of the rules specifically support your position? However, you must synthesize the law for the panel very concisely, as you only have 15 minutes in the Tennessee Court of Appeals, and 30 minutes in the Tennessee Supreme Court. Know the applicable legal rules, what problems they try to address, and the underlying policy reasons behind them.
It is especially important to have an argument regarding public policy in the Supreme Court. Be prepared to show how a ruling in your favor fulfills the public policy behind the statute, common law doctrine, or regulation, making the world a better place for all. The judges are not (usually) trying to trip you up. They need meaningful legal conversation with an intellectual peer. Help them decide this case in your client’s favor. Be useful. Know your law.
