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Quick Tips on Oral Advocacy
by Judge Richard Gabriel
Example #1:
What goes wrong here?
What could the lawyer have done better?
Example # 2:
Argument on a Motion to Dismiss
What is the attorney requesting?
What is the purpose of oral arguments?
"The purpose of oral argument is to emphasize and clarify the argument in the briefs."
U.S. Ct. of App. 6th Cir. R. 34(g)(1)
Time Limit
Varies by Court
Addressing your Opponent
Appropriate:
Not Appropriate:
Addressing Members of the Court
Appropriate
Not appropriate
Rules and Conventions
Stance at the Lectern
Pace & Style
Sample Roadmap
COMMUNICATE
YOUR ARGUMENT
PERSUASIVELY
Hypothetical. A happy but very particular bride named Becca Bernhardt had a contract with a caterer to serve cake with chocolate ice cream at her lavish wedding. The caterer served vanilla ice cream instead. Ms. Bernhardt hired a lawyer to sue the caterer, Ellen Meyers, seeking a refund of the amount spent on the (expensive, locally made) ice cream, $10,000. Ms. Bernhardt’s complaint explains that the contract included a clause stating that the caterer could, at her discretion, “substitute substantially equivalent foods” but asserts that chocolate ice cream is not substantially equivalent to vanilla ice cream.
Ms. Meyers through counsel has filed a motion to dismiss, arguing that the case must be dismissed because there was no breach of contract: she contends that chocolate ice cream is substantially equivalent to vanilla ice cream.
Decide whether you want to represent Ms. Bernhardt or Ms. Meyers. Each side will have 3 minutes to come up with a short (90 second) argument. Follow the script on the following slide.
Next Class
Oral Arguments
April 14, 2021