Effective preparation for oral argument
Last month I was contacted by an attorney who was preparing to appear before the Court of Appeal for oral argument. The attorney, who shall remain nameless, has tried many cases but hadn't appear before the appellate court in over eight years. He asked me to help him prepare. Here's a short summary of what we did: (1) He sent me all of the briefs, which I reviewed, not as an advocate but as a justice, (2) I came up with a memo of "homework assignments," designed to give him insight into the Court of Appeal, his opponent, and the trial judge, and (3) I prepared a list of questions that I would ask if I were hearing the case. We spent about an hour discussing the case. Had we had more time, I would have asked those questions and given him an opportunity to practice his answers. I was also able to share my thoughts on the strengths and weaknesses of both positions. The attorney felt better prepared for oral argument and felt the investment was well worth it. I would recommend working with an appellate attorney before you go up on appeal, especially when dealing with post-trial motions, demurrers, and motions for summary judgment. In this case, while the justices may change their minds only 5% of the time during oral argument, you never know if your case will be in that 5%!