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The Dynamics of Appellate Oral Argument

Certworthy

Publication Date: October 24, 2006

Most appellate attorneys, and even most litigators, have probably read at least one treatise, article or other secondary material offering advice on the dos and don’ts of oral advocacy. These materials counsel thorough preparation (“know your case,” “learn the judges’ backgrounds,” “update your research”) and provide excellent tips for handling oneself during oral argument (“listen carefully to and answer the judge(s)’ questions,” “don’t introduce new facts,” “remind the court about the standard of review if it favors your client’s case,” “don’t disparage the trial judge, counsel, or the court”).

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