TIPS FOR A SUCCESSFUL ORAL ARGUMENT

TIPS FOR A SUCCESSFUL ORAL ARGUMENTPREPARING1. This is much easier than writing your brief! When its time to prepare your oral argument, you will already have your brief written, so you are halfway there. Now take the main points from your brief and turn them into an oral argument.

2. When deciding what to include in your argument, focus on your strongest, most persuasive points. Remember, the other side will be arguing the opposite point of view. Be ready to distinguish your argument from the other side and cite to relevant case law to support your views (just as you did in your brief).

3. Next, prepare a folder for your argument. This is standard practice in Moot Court competitions. Taking a folder to the podium makes a much cleaner presentation in front of the judges than taking a bunch of notes and loose papers. Remember, the oral arguments are timed, and you dont want to waste time flipping through papers. Neatness, organization, composure, and overall appearance are part of your score. It starts here!

4. Staple together two folders so that they open out into three sections. Organize your folder in a way thats most comfortable for you, but here are some suggestions.

Place your argument on the left side and in the center of your folder (2 pages).

Leave the third side for the list of cases youll cite to during your argument; you may also want to include the facts and procedural history of your case and any additional notes.

Remember if you cite a case, be prepared to answer questions about it. Know the holding, citation, facts, the court its from, the year it was decided, and how it relates to or is different from your facts.5. Dont make the font too small just to fit in more information. Youll place the folder on the podium, and it will stay there during the entire argument. If the font is too small, you may not be able to see it. Plus, you want the font and the spacing to be adequate so that you dont lose your place or get confused.

6. Label your folders on brief and off brief and set them up the same way. Youll be arguing both sides during the oral argument competition, and you dont want to pull out the wrong folder for the wrong argument.

7. KNOW YOUR FOLDER!!! Be familiar with where things are located in your folder so you can find them quickly. Bold or highlight things that are important to you. ARGUING1. You are an attorney arguing to the Supreme Court of the United States. Demeanor and deference are key!! Be persuasive, strong, passionate, and convincing, but be respectful!

2. Memorize your opening. During your opening, look the judges in the eye and command their attention. You cant do this if you are reading your opening. Plus, youll look confident and composed.3. Dont lean on the podium. Speak clearly and slowly. Practice your argument so that you are comfortable with your presentation.

4. Be prepared for interruptions. The judges will interrupt you in the middle of your argument to ask questions. STOP SPEAKING WHEN THE JUDGE STARTS TALKING. This is part of deference. You will lose points for talking over a judge or for interrupting a judge. Make sure the judge has finished speaking before you begin to speak.

5. Make sure your argument is concise and well organized. Start with your introduction (opening). If you have the first issue, you will introduce your partners issue, too. At some point during the introduction, tell the court what points youll be making. This is often called a road map. It tells the court where you are going with your argument. Dont limit yourself to this, but it can be as simple as saying, Your honors, in my time before you I will make three points. First . . . second . . . third . . . When a judge interrupts you, that judge is probably trying to throw you off your charted course. Answer the question, then get back onto the road you mapped out at the start of your argument.6. If you are unclear about a judges question, as the judge to rephrase or clarify the question for you. If you dont know the answer, just say you dont know.

7. Pay attention to the bailiff. The bailiff will be in the room with you and keeps time. The bailiff will hold up the time cards at certain intervals for you and for the judges to see. Once the bailiff sees that youve seen and acknowledged the time card, the bailiff will put it away. Watch for the one minute time card! Once you see that you have 1 minute remaining, you need to wrap up your argument and get to your conclusion.

8. Once you see the STOP card, STOP! Even if you havent done your conclusion, you still must stop! You may ask the judges for permission to conclude, but they dont have to grant your request. If a judge asks you a question and you dont have time to answer it before the STOP card, let the judge know that you see that your time has ended, and ask the judges permission to answer the question. 9. Memorize your conclusion! Conclude with a strong ending and maintain eye contact with the judges when you close. Remember to emphasize what it is you want the court to do. (For the foregoing reasons . . . etc. is NOT a strong ending.)10. When your partner is arguing, your eyes should be on your partner. If the judge sees you looking at your partner, the judge will focus attention there, too. If you are the opposing side, DO NOT look at the other side when they are at the podium. Act disinterested, BUT listen and pay attention. Be respectful of your opposing counsel. Do not laugh or try to distract them. You dont want that done to you. And youll lose deference points for being disrespectful to the other side.

11. Practice your argument with your partner and time yourself. Remember, the judges will ask you questions, so you may not get through your argument as you rehearsed.