Preparing for Oral Argument

Law students often ask me how I prepare for oral argument.   The obvious answer is to be fully prepared and knowledgeable about the record but there are other ways of preparing.   A few days before the hearing, I will have a tentative presentation, which I will practice several times so that my presentation is smooth and natural.  Believe it or not, it requires "rehearsals" to appear spontaneous.  I also try to anticipate questions and practice answering them.  In fact, I try to think about the questions that I hope the justices don't ask, and then just assume that is where my case is weak and I need to be ready to address them. 

I also try to focus on getting physically ready for the hearing.  After spending hours looking at the computer and performing last minute research, my neck and beck can get pretty tight.  I try to keep up a regimen of exercise, especially yoga and stretching.  If your muscles are tight, it is hard to be relaxed at the podium.  The day before oral argument, I try not to work too hard, preferring to do something fun to get my mind off the case.  If I can, I will arrange for a deep tissue massage.  What a tremendous boost!  If your muscles are relaxed and stretched, it is hard to tighten them up on short notice.  I feel looser, more relaxed, and even sleep better.  I also do warm-up exercises for my throat, such as singing, so that the words don't stick.  (Fortunately, I limit my singing to the shower.)  Just before my case is called, I will suck on a menthol cough drop, which keeps my throat moist.  (A great tip.)  I read that licorice can also help, so maybe I will try that too.   Just before oral argument, I try to picture my dog Casper, a snowy white American Eskimo, because I know that no matter what happens at oral argument, he will love me just the same.  And yes, I have my little good luck charms.  Not a rabbit's foot, but jewelry or accessories given to me by my boyfriend and grandmother.  So, when I step up to the lectern, I  feel surrounded by love and support.  It may seem silly to some, but it works for me.