Don’t Go Mad

“Have we eaten on the insane root

That takes the reason prisoner?”

- Macbeth I,3; Banquo to Macbeth, after meeting the witches

“Shall I be frighted when a madman speaks?”

- Julius Caesar IV,1; Brutus to Cassius, during a quarrel

“Thou art essentially mad, without seeming so.”

- 1 Henry IV II,4; Falstaff to Prince Hal

Let’s face it: it’s easy to sound like a madman in an oral argument. All preparation aside, the heat of moment, the surge of adrenaline, a bad night’s sleep, what you had for breakfast – any number of factors can conspire to throw you right off the rails when it comes time to approach the panel. In that moment, you might well forget where you are in your argument.

Cue your oral argument outline. A short bullet-pointed outline can be your compass to get you back on course when you have been swept away by a gust of unexpected questions.

Make sure your argument outline fits on one page, two at the most. It is not there for you to regurgitate; it’s there to trigger your memory about the structure of your argument should amnesia or nerves hit you. You’re not trying to leaf through a brief here; you are looking for a tool to return you to your thoroughly prepared argument while flexibly navigating unanticipated elements. A solid oral argument outline allows you to be thorough and flexible.

For example, create prepared concise statements on

(1) the procedural posture of the case (e.g., “This is an appeal of the trial court’s invalidation of an antenuptial agreement” in a bifurcated proceeding”);

(2) each issue in the case; and

(3) the case's critical facts.

Those are just suggestions. Do what works for you. But I urge you to have an outline on the lectern and not much more; it can ensure that reason is the captain of your argument, not the prisoner of the insane root.