Judge Dan Buckley

ABTL

January 14, 2020

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We judges want you to make great arguments

Help us make the right decision…

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How to prepare

What to do in the courtroom

What judges like

– and don’t like.4

Your walk back to your office?

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Win the day

Perspective

Leave good impression.

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Be old school.

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Know the judge.

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Issues tentatives?

Likes, dislikes?

Any leanings?.

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Know the file

Know the facts

Know the cases

-Be able to distinguish

-Respond to incorrect summary.

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Assume judge reads papers

Do NOT summarize or repeat.

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Be ready to go first or second

But this ain’t a good argument . . .

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Prepare outline

Requires careful thought.

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I didn’t have time to write a short letter, so I wrote a long one instead.

- Mark Twain

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No PowerPoint!

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Copy of key statute, case, critical paragraph.

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Courtroom attire . . .

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What is wrong with tentative or opponent’s argument?

Focus on essential facts, law, application, standard, burden, etc.

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1. Identify the critical disputed fact or authority

2. Give a concise reason why you are right.

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90% of time, you should win because of one or two reasons.

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Still . . .

1. Identify the critical disputed fact or authority

2. Give a concise reason why you are right.

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Start with a succinct outline

First sentence gives the ask

Second sentence gives narrow issue.

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Tell us when moving to next section in outline.

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Tell us what you will tell us, tell us, tell us what you told us.

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Give a verbal response . . .

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Cite the case, cite the record

Tell the judge where to find it

Thus, need to know where it is!.

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Take the judge by the intellectual hand.

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Avoid the kitten argument approach.

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To the Judge

To the adversary

To yourself.

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The ultimate basic point

Be persuasive . . .

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Respect the Court

Respect your adversary.

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Welcome questions.

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Answer the damn question!.

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Never postpone an answer

If you don’t know, say so

First word: “yes” or “no”

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Concede a losing point.

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Don’t act as if it is a miracle that you won . . .

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How NOT to act . . .

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Interrupt the judge

Including non-verbal.

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Argue after the judge has ruled.

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“This is a very complicated.”

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“What you don’t understand.”

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And the ultimate way?

“With all due respect, Your Honor.”

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Request further briefing if we cite new case

Right way to say will seek writ.

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Attack the opposing argument

-not opposing counsel

-“no matter how egregious the jerk might be”

This is what we see/hear . . .48

“Your Honor,” not Judge Buckley.

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There is no “I” in team

-nor in oral advocacy.

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I

I think . . .

I believe . . .

Don’t care!

Not as persuasive

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If you are winning,

SHUT UP!! . . .

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Prevent “snatch defeat from the jaws of victory”

Ask if the Court has any questions.

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If tempted, zip it . . .

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Master. The. Pause.

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The right word may be effective, but no word was ever as effective as a rightly timed pause.

- Mark Twain

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Speak in phrases, not whole sentences

Cannot give a better example . . .

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Provide audible punctuation

Don’t speed past important points

Add gestures to punctuate.

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Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner

The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers by Brian K. Johnson and Marsha Hunter

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Thank You!!

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