- "Run an Oral Argument Update"
- "Re-read all the briefs, key portions of the record and the law"
- "Prepare for the two primary components of argument: questions from the court and your prepared statement. In that order."
- "Understand the larger context of your case."
2. Donna Bader, a certified appellate specialist who runs the helpful blog, "An Appeal to Reason," recently posted some solid recommendations on handling a "hot bench" at oral argument. Her good advice includes:
- Always answer the question put to you by the justices. NOW!
- Concede the obvious
- If you are going to talk about new cases or statutes, be sure to advise the other side.
- Don’t start off telling the court about the facts of the case.
- Know your record!