Oral Advocacy Workshop

Oral Advocacy Workshop Presented by The Moot Court Board

Agenda • Purpose of Meeting • Professor Mounts • Upcoming Schedule • Logistics & Format • 10 Tips for Oral Argument Success • Mock Argument • Future Moot Court Opportunities • Questions?

The Purpose of This Meeting • Reduce Anxiety • Answer Questions • Familiarize you with the Format • Discuss various advocacy techniques

Faculty AdvisorProf. Mounts

Remaining Schedule • Thursday, March 25- Friday, April 9 • Videotaping Session • Tuesday, April 6 at 12:30pm & 5:30pm • “Ramp It Up” Session by Appellate Advocacy • Wednesday, April 7 • Case Counsel Applications Available • Moot Court & Appellate Advocacy Info Session (12:30pm & 5:30pm in Room 100) • Week of April 5 • Oral Advocacy Workshop, Part II, held by Case Counsel • Rooms and Times TBD (by your Case Counsel) • Saturday, April 10 & Sunday, April 11 • Oral Argument Weekend

Logistics & Format

The Day of Your Argument • Timeliness • Arrive at least 15 minutes early. • No Shows = No Credit • Check in at check-in table • Go to your scheduled room and see your case counsel

The Oral Argument • Tables will be labeled Plaintiff and Defendant. • Case Counsel will act as bailiff and introduce the case. • Reserving Rebuttal Time

Addressing the Court • Once rebuttal time is reserved, the moving party begins his/her argument from podium. • “Good morning/afternoon Your Honors, may it please the Court, my name is ________, Counsel for Plaintiff/ Defendant, ________. Would the Court care for a brief recitation of the facts?” • Be prepared with a BRIEF statement of facts

Introduction of the Case • Introduce the issues and your position • There are _____ issues before this Court today. • Road Map: How the Court should rule and list the reasons. • Be ready for questions from the judges.

Time Format • Both sides have a total of 15 minutes • The moving party opens (15 minutes minus reserved rebuttal time) • The non-moving party then argues for 15 minutes straight • The moving party finishes with rebuttal (for the amount of time reserved) • Be aware of bailiff and time cards • Time cards come at 5, 2, and 0

After The Argument Concludes • At close of both arguments, Case Counsel will escort the participants out of the room • Judges will: • Deliberate and choose the winner • Signal participants to re-enter the room • Announce their decision and offer constructive criticism to both parties • Always thank the judges for their time

10 Tips For Oral Argument Success

Tip #10: Finish Strong! • Prepare both a long and short memorized conclusion • If you finish before time runs out: • Move to your prepared (long) conclusion. • If time runs out mid-speech: • If moving party during opening argument, say: • “Your Honors, I see that I am out of time. I will save the remainder of my argument for rebuttal.” • If either moving party during rebuttal or non-moving party, say: • “Your Honors, I see that I am out of time. May I have a moment to conclude?” • If permitted, conclude in 30 seconds (use short conclusion).

Tip #9: Adapt to your judges! • Majority are USF alumni who want to see you do well. • Different personalities • Different levels of preparation

Tip #8: Organize your oral argument folder! • We recommend the following format: • Front cover: Introduction, Facts • Inside left: Case summaries • Inside right: Body of argument in bullet-point format • Put arguments in order of strongest to weakest • Back cover: Conclusion

Tip #7: Look the part! • Professional Court Room Attire • Men: Business suit and tie • Women: Pant or skirt suit • Minimal accessories / jewelry • Conservative is key.

Tip #6: Be yourself! • We all have our own unique style and delivery • Use formalities, but also be natural and comfortable

Tip #5: Be respectful! • Be courteous and respectful to your opponent • When your opponent is speaking, pay attention (or at least pretend to!) • Don’t make faces or roll your eyes • Be courteous and respectful to your judges • Address the judges as “Your Honors” • Be an intellectual peer to your judges, but be courteous • Treat the oral argument as a discussion, not a lecture, speech, or “argument”

Tip #4: Minimize distractions! • Plant your feet • Don’t dance around the podium • Minimize hand gestures • Turn off your phone • Pin your hair up and out of your face • Remove jingly keys or coins from pockets • Omit “ums” and “uhs”

Tip #3: Handle questions like a pro! • Anticipate questions • Anticipate judges asking very few questions • Stop, Listen, Understand, Breathe, … then Answer • Don’t Understand? Ask for a repeat or for clarification • Never disregard or put off a judge’s question • If the question is outside the scope of the topic, politely remind the judge of this, then steer them back within the appropriate confines • If you have no idea how to answer: • “Your Honor, I am unfamiliar with that case, but would be happy to submit a supplemental brief.”

Tip #2: Be flexible! • Don’t rely on a script • Practice answering questions and transitioning back to your road map • Be ready for hypotheticals

Tip #1: Practice, practice, practice! • Re-read the problem, cases, statutes, briefs • Meet with fellow students to practice • Attend additional practice sessions offered by: • Your Case Counsel (Oral Advocacy Workshop, Part II - Week of April 5th) • Student Groups

Mock Oral ArgumentWaterson v. United States • Mike Pasternak, Representing Plaintiff Waterson • Carl Hammarskjold, Representing Defendant United States Government

The 10 tips for oral argument success: • #10. Finish strong • #9. Adapt to your judges • #8. Organize your oral argument folder • #7. Look the part • #6. Be yourself • #5. Be respectful • #4. Minimize distractions • #3. Handle questions like a pro • #2. Be flexible • #1. Practice, practice, practice!

Future Moot Court Opportunities • Case Counsel / Moot Court Board • Appellate Advocacy Teams • Advocate of the Year Competition

Questions? • Moot Court website: www.usfca.edu/org/mootcourt • Email the Moot Court Board: usfmootcourt@gmail.com

Oral Advocacy Workshop