Miscellaneous

Oral Arguments: What do I do if I don't know the answer to a judge's question?

By Bill Gratsch

Another example of why I love the fact that law professors are such active participants across the blawgosphere...

Hat tip to Kentucky Law Review for pointing out a recent post from Louisville Law Professor Ariana R. Levinson, Legal Writing Tip - Answering Questions at Oral Argument.

Last week my class discussed oral arguments.  One student raised a question that many others doubtless have before their first oral argument.  What do I do if I don't know the answer to a judge's question?

In response, we discussed tips for answering a judge's question.  These tips are not only helpful for first-time advocates but also might be a nice refresher for those with more experience.

1.         Listen closely to the judge's question.  As many of use have found when engaging in public speaking for the first time, it is difficult to listen to and understand someone's question when you are nervous.  Because of this, a new advocate should concentrate solely on listening to the judge's question and should not worry about a response until after the question is completed.

2.         Pause and think after the judge has finished the question.  After listening to the question, it is appropriate to take a few seconds to collect your thoughts and think about your response.  The seconds may feel endless when you are "shaking in your boots." But to the judge and any other onlookers, a few seconds pause before you answer is expected and barely noticeable.

Click here, Legal Writing Tip - Answering Questions at Oral Argument, for the rest of Professor Levinson's tips; there are four more interesting ones.

See also her weblog: Ariana R. Levinson's blog

Full post as published by Blawgs Blog by Bill Gratsch on March 20, 2008 (boomark / email).