Appellate Law

Oral Argument Rituals

By D. Todd Smith

Over at MyShingle.com, Carolyn Elefant has posted on some of the things she does to prepare for oral argument and has solicited others' stories.  Here is what I told her:

I don't have what I would consider to be rituals or superstitions. It's more of a process.

I generally go back and read all the briefs and important cases, then check to see if any new on-point decisions have come out since the briefs were filed.  I'll then outline my argument, paying particular attention to the weak points in my case and questions I think I'm likely to get from the bench.  Finally, I boil my outline down to a one-page flowchart listing the most important or hard-to-remember points and case names.

I put whatever I think is important in a 1" black binder that I take to the podium with me, but I don't usually look at it much. I try to be as conversational as I can.

Do you have an oral argument ritual?  If so, please feel free to share it by commenting here or to Carolyn's original post.

Full post as published by Texas Appellate Law Blog on October 26, 2008 (boomark / email).