Techniques for Effective Oral Advocacy

1. Techniques for Effective Oral Advocacy James D. Ridgway

2. Disclaimer • The views expressed here are my own. • I am not here to talk about the CAVC or any of the judges of this Court.

3. Background • Complete Lack of Natural Talent • Collegiate Public Speaker • 50+ Arguments as an Appellate Prosecutor

4. Background • Oral Argument is an Art, Not a Science.

5. Quick Overview • The Goal of Oral Argument • Finding Your Focus • Engaging the Opposing Argument • Preparing Your Presentation • Working With the Judges at Argument • Analyzing Your Performance • Conclusion

6. The Goal of Oral Argument • To Win

7. The Goal of Oral Argument • To Have the Court’s Opinion Say Exactly What You Want • Plan the Parenthetical

8. The Goal of Oral Argument • To Control the Conversation in Which the Decision is Made

9. Preparing Your Argument:Focus • Finding the Heart of Your Argument • What Question Do You Fear? • Reread the Opposing Brief! • How Big is the Heart? • 5 minutes • 7 sentences

10. Preparing Your Argument:Focus • John Maeda, The Laws of Simplicity(2006) • “Simplicity is about subtracting the obvious and adding the meaningful.” • Sub-points • Same Rules Apply • Roman Numeral Outline Plan

11. Preparing Your Argument:Preparing Your Narratives • What Is the Story of Your Argument? • What Happened? • What Should Have Happened? • What Happens When You Change the Facts? • Do You Have a Good Analogy?

12. Preparing Your Argument:Defining the Legal Argument • What Is the Nature of the Legal Argument? • Is this About Interpreting the General Rule? • Is this About an Exception? • Is this About the Interaction of Multiple Authorities? • Are they Exclusive or Overlapping?

13. Preparing Your Argument:Cases • “Same”/ “Different” • Quotations

14. Preparing Your Argument:Your Folder • Your notes are just to jog your memory. • You will have far, far more information than you will ever get to in your argument. • You need to have key information pop out at you.

18. Engaging the Opposing Argument • Apples v. Oranges • “Appellant/Appellee would be correct IF . . .” • What is your key authority? What is theirs? • Identifying Weaknesses • Anthony Weston, A Rulebook for Arguments (3ded. 2000).

19. Engaging the Opposing Argument • Setting Up Questions • “Appellant/Appellee cannot cite a page in the record where . . .” • “Appellant/Appellee cannot cite a case in which the Court held X without fact Y.” • “Not one case relied upon by the Appellant/ Appellee involves fact Z, which is true in this case.”

20. Preparing Your Presentation • Practice Out Loud • Imprint Your Argument • Practice Cadence, Too • Arguing With Sound Bites • Avoid Adjectives • “Canning” Common Issues • Moving Around Your Argument • Cut Up Your Outline

21. At the Argument • Answer Questions • Return to Your Focus • First, Last, Most Often • Making Concessions • Watching the Bench • Pencils • Facial Expressions • Do Not Attack Opposing Counsel • . . . Directly

22. Learning from Experience • Reviewing Your Argument • Reading the Opinion • Rereading Your Brief

23. Learning from Experience • “If the Audience Did Not Understand You, Then You Failed to Communicate.”

24. Recap • Persuasion is About Influencing the Conversation in Which the Decision is Made. • Oral Argument is About Setting Forth and Defending Your Core Theory. • Engaging the Opposing Argument is Critically Important. • Craft and Rehearse as Many Phrases as Possible Beforehand. • At Argument, Let the Judges Go Where They Want to Go, and Then Bring Them Back. • Take Opinions as Feedback.

25. The Ugly Truth • Cases are Won and Lost on the Briefs.

26. Questions?