Skip to content
January 21, 2014

Differing Opinions On Whether Oral Argument Matters

Last week, I posted an extract from an interview with Chief Justice John Roberts on preparation for oral argument found in the 2010 edition of the Scribes Journal of Legal Writing. The volume contains wide ranging interviews conducted by Bryan Garner with all nine members of the U.S. Supreme Court. In her excellent book, “The...

January 13, 2014

Preparation for Oral Argument in an Appellate Court

Appellate advocates know that careful preparation is the key to a successful oral argument. What happens in the courtroom represents only the tip of the proverbial iceberg of what counsel has done in advance of an appeal. With time limits for oral argument and hot benches, it’s a given that  questions from the Court will...

October 28, 2013

Humour at the Dubin Lecture on Advocacy

The Dubin Lecture on Advocacy, named in honour of former Chief Justice of Ontario and legendary litigator Charles Dubin, is a series on advocacy started in 1998. Lectures are delivered every two years and have included luminaries of the legal profession from across the globe. Some of them have been very funny. The first speaker,...

October 7, 2013

Does Oral Argument Matter

A perennial question asked by appellate advocates is whether oral argument matters. Do their arguments have an impact on the decision-making process, and can they affect the outcome of a proceeding? At the Supreme Court level, Justice Ian Binnie and Chief Justice John Roberts both say that oral argument does matter, and they give the...

Oral Argument in Motions Court

There has been so much of value written on the subject of oral advocacy that it would be impossible to review these efforts in a short paper. For the purpose of discussing oral advocacy in motions court, there are several approaches that warrant emphasis: (1) put yourself in the position of the audience; (2) the...

Off The Blog