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Appellate Oral Argument: Creating the Presentation, Weighing the Precedential Impact, Preparing for Rebuttal

Thursday, May 20, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

A Strafford Live 90-minute CLE Video Webinar

This CLE webinar will provide appellate counsel with techniques for persuading appellate judges during oral argument, with attention on remote and video arguments. Our panel of appellate specialists will discuss the key goals of oral argument, how to prepare for and present the argument, and will review post-argument matters such as whether to file a supplemental briefing and review the recording.

 

Oral argument on appeal is a wholly different exercise from the trial level argument, and remote/video appellate arguments differ from in-person appearances. Even the best and most experienced trial lawyers can falter when presenting an appellate argument because they don’t always fully appreciate what the appellate panel expects or needs to hear. Also, unlike trial level argument, in an appeal, oral argument is counsel’s only chance for direct contact with the appellate judges–the only chance to focus the panel on the most important issues in the case, clear up any misunderstandings, and possibly sway an appellate justice’s thinking.

 

Our panel will lead you through developing key goals for the argument, preparing to present the argument, and rebutting the opposition.

 

Listen as our distinguished panel reviews the various nuances and techniques involved in effective oral argument. The panel will cover oral argument purposes and presentation techniques, including the art of responding to judges’ questions, rebutting opposing arguments, and managing post-argument steps.

 

Outline

1. Purposes of oral appellate argument
2. Preparation
3. Video/remote presentations
4. Presentation
5. Post-argument matters

 

Benefits
The panel will review these and other key issues:

• Identifying goals
• Incorporating appellate perspectives when developing the argument and countering opposing precedent
• Honing your presentation to maximize your potential for success
• Anticipating and leveraging opposing arguments
• Preparing to respond to judges’ questions

 

Robin Meadow from Greines Martin Stein & Richland; Robert (Randy) Roach, Jr. from Roach & Newton; and Benjamin Shatz from Manatt Phelps & Phillips, will provide appellate counsel with techniques for persuading appellate judges during oral argument, with attention on remote and video arguments. Our panel of appellate specialists will discuss the key goals of oral argument, how to prepare for and present the argument, and will review post-argument matters such as whether to file a supplemental briefing and review the recording.