Appellate Practice
Jan. 25, 2014
Counselor, are you reading your oral argument?
So how should you go into an appellate oral argument? By David M. Axelrad
David M. Axelrad
Partner
Horvitz & Levy LLP
Email: daxelrad@horvitzlevy.com
UC Hastings COL; San Francisco CA
Oral argument is the one chance during an appeal for counsel to speak with the appellate court judges who will decide the case. The argument usually lasts no more than 30 minutes and is often much shorter. In the few minutes at his or her disposal, the attorney must emphasize the major themes of the case, answer questions, and clarify misunderstandings. At times, the interaction is intense, as in argument before the U.S. Supreme Court, where r...
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