Miscellaneous

Arguing for Attitude

By Anne Skove, Esq.

The little stick figure on the t-shirts advises us to do what we love and love what we do.

And so it is, says Barry Sullivan, for oral arguments. Attitude trumps all. He cites Justice Jackson: "If making an argument is not a great day in your life, don't make it; and, if it is, give it everything in you." Likewise, Sullivan suggests "the advocate should give the argument, not because his client expects it, or because his stature in the firm demands it, but simply because he cannot imagine anything that he would rather do [...] If he is able to think of something he would rather do, he should go and do it."

Great advice not only for oral arguers but for everyone.

You're probably still wondering whether oral advocacy matters in this day and age, how to listen, how to deal with time constraints, and the importance of having a plan. See "The Use and Uses of Oral Argument," Barry Sullivan, The Circuit Rider (June 2008), which is listed under "available publications" on his extensive c.v.

Feeling cynical? See Bad Career Advice: Do What You Love, Penelope Trunk, Brazen Careerist (December 18, 2007).

Full post as published by court-o-rama.org on July 22, 2008 (boomark / email).