1. Appellate Practice & ProcedureClass #6:Oral Argument and the Decision presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™

3. how to prepare for oral argument;

4. “dos” and “don’ts” during argument;

6. Appellant usually gets to carve out some (up to 5 minutes) for rebuttal A fairly rare occurrence, since most appeals are decided solely on briefs An opportunity to assist the court in resolving the case in a manner favorable to your client

8. about the applicable law

10. Appellant: persuade that the judgment satisfied the standards for reversal

12. How to Prepare for Argument Scripting and flowcharts are useful preparation tools Distill your case down to its barest elements—the key reasons why you should win Anticipate the justices’ questions and recognize that they will interrupt the flow of your presentation Practice

13. Oral Argument “Dos” Visit the courtroom several days beforehand to become familiar with setup and lighting system Know the record, even if you weren’t involved at trial and even if you didn’t prepare the briefs Know the law on both sides of the case

14. Oral Argument “Dos” (cont’d) Approach the podium with only minimum materials (small binder with outline, flowchart, and key cases) Use effective communication techniques—maintain eye contact, proper tone of voice, posture, etc. Begin with “May it please the Court” and a short introduction if not already clear

15. Oral Argument “Dos” (cont’d) Use the first minute to frame the issues and summarize where you intend to go Address the standard of review If you must discuss the facts, stick to those necessary to deal with the issues you intend to raise Answer the justices questions (your main purpose)

16. Oral Argument “Dos” (cont’d) Make appropriate concessions If time permits, summarize and end by restating the relief sought When your time is up, sit down Limit rebuttal to necessary responses to the appellee’s argument and any further questions from court

17. Oral Argument “Don’ts” Don’t read your brief (or a script) to the court Don’t use visual aids if you can avoid it This is not the time or place for a jury argument Don’t interrupt or talk over the justices

18. Oral Argument “Don’ts”(cont’d) Don’t go outside the record Don’t misrepresent the record or the law Don’t stray from behind the podium Don’t engage in theatrics when it’s your opponent’s turn to speak

19. After the Argument Report to your client, if not in attendance Consider whether to file a post-submission brief

20. When You Get the Decision Notify your client of the basic outcome immediately Prepare a letter analyzing the decision and explaining the client’s options Confirm the client’s instructions going forward

21. Questions? “Stop by” during office hours Participate in the official study group Visit the Appellate Discussion Lounge

22. Next Time . . .

23. Appellate Practice & ProcedureClass #7:Rehearing and Higher Court Review presented by D. Todd Smith http://texasappellatelawblog.com for Solo Practice University™