Pirkei Avot is a compilation of timeless Rabbinical ethical teachings and maxims from days of yore. (Ever hear "no pain, no gain"? Rabbi Ben Hei Hei said that: "according to the pain is the gain" [ch. 5, verse 21].) A selection from
chapter 5 (or
here) has particular relevance to appellate oral argument:
Seven things are in a clod, and seven in a wise man. The wise man speaks not before one who is greater than he in wisdom; and does not interrupt the words of his companion; and is not hasty to reply; he asks according to canon, and answers to the point; and speaks on the first thing first, and on the last last; of what he has not heard he says, "I have not heard"; and he acknowledges the truth. And their opposites are in the clod.
To restate this ancient wisdom for use at oral argument in plainer terms, the strong oral advocate:
(1) will allow the judges to speak first and to guide the conversation;
(2) will not interrupt the judges or opposing counsel;
(3) will not answer hastily, but instead will think before answering questions;
(4) will stay on topic and answer questions directly;
(5) will present argument in a logical order and answer questions in the order asked;
(6) will, if a question posed is not heard or understood, simply say, "Would you please repeat the question, your Honor," and
(7) will concede points that must be conceded.
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