Oral Advocacy

Appellate Oral Advocacy is Conversation, not Argument

So says this article on the Sidley & Austin website:

[W]hy are so many oral arguments so awful? Because too many lawyers actually argue. “Oral argument” is a misnomer. It’s not an argument; it’s a conversation. Trial tactics and oral motion practice have little in common with appellate oral advocacy, except that all involve talking. Instead, the experienced oral advocate converses with the panel, as she and the judges grapple with the difficult legal issues presented by the case that will affect the development of the law.

This is a really good article that builds on the “conversation” theme by giving sound advice on how to prepare for that conversation.  Well worth the few minutes it takes to read, especially if you are new to appellate argument.