Tuesday, March 07, 2006

The Supremes

Interesting law.com article recently on "how to get to the Supreme Court," but I'm posting the link to it for a more mundane reason: tips on advocacy before a court. Everyone has their own style, of course, but I think reading/seeing/hearing others is a help in shaping one's own technique. For example, this article warns against being tied to a set and practiced spiel. That, in itself, is something I would agree with. But I would also be wary of carrying that too far and underpreparing. If you get a "cold" bench, it may behoove you to have something prepared. I speak from experience on this one. I've been inc ourt with a good command of the facts and the law, and then the judge didn't have any questions but instead wanted me to revisit my basic arguments and walk him through the connections and analogies I was making. I made it through, to a moderately successful result, but knowing facts and citations wasn't enough without the themes and linkages.


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