Here's advice from Chief Justice Shirley S. Abrahamson of the Supreme Court of Wisconsin, when asked for three ways that lawyers can improve their oral arguments--
First, know the record, your brief, and the cases on which you rely. Second, moot the case with other attorneys in your firm or with law students or faculty (a group often overlooked as a valuable resource). In short, practice practice practice! During practice sessions you will probably be asked many of the same the questions the Court will ask. Third, decide the two or three major points you want to make with the court. Keep them firmly in mind and make them at least once but probably several times. These same suggestions are given over and over by appellate judges and they warrant repeating.
Abrahamson's advice was giving in an interview with Howard Bashman, collected at Bashman's 20 Questions for the Appellate Judge site. It's question 16. At Bashman's site you'll also find interviews with twenty other appellate court judges--plenty of material to keep appellate-court junkies busy throughout the holidays!
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