That's the title of appellate lawyer Barry Wolf's article in today's DJ, in which he argues that appellate courts should routinely share their thoughts regarding the case with counsel before oral argument. He writes:
"An attorney who knows what issues the court considers important (and why)
will be able to better prepare for argument by focusing more intensively on
these issues. Of course, attorneys would still have to be ready for questions
in secondary areas of interest, but they could focus their efforts on areas
that they know are likely to be most productive. As a side benefit, oral
argument preparation time would likely decrease, with concomitant client
savings."
What's worse than getting an appeal thrown out for not following the rules? How about having it happen again, as
here?!
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