2025 Appellate Defender Training - Day Three

There was one skills-oriented session today, focusing on oral argument.  This was a good overview.

The overarching purpose for oral argument is to answer the court's questions.  It complements the brief by helping the court understand your arguments.  Treat these questions as an opportunity to help the court reach the right result - this is a conversation about your case and how it should be resolved - so welcome these questions.

In case you do get uninterrupted argument time, you should think about what you want the court to take away from your argument (and your questions should return to this, as well).  This particularly applies to your opening - this is usually your one opportunity to make a statement before questioning begins.  Think carefully about what you want to say.

Judges can only retain so much, and too many weak arguments dilute your strong ones - so you should really stick to your strongest argument(s).

We were given several prompts to help anticipate questions.  When you first review the record, write down the questions you have - the court may well have those same questions.  What questions might follow from the State's argument?  If a judge wants to avoid deciding the case, what questions might that judge have?  And consider what concessions may be necessary, and how far you'll go with them.

Going slower and pausing occasionally are good ways to get a "cold" court involved.

Prepare "headlines" or statements to use for transitioning from one point or argument to another.

The other substantive session from today explored how to apply recent case law involving juveniles to young adults, from eighteen to twenty-one or so years old.  This was an interesting discussion about strategizing and effecting development of the law.

Throughout the program, we've had small group meetings to put into practice the skills sessions.  I won't say more about these, but they've all been good for tips and advice.

We have a half-day meeting tomorrow, then I'm heading back to Arkansas.  I may blog about that meeting, too.  Thanks for reading!