What Is A Good Color To Wear For An Oral Argumen

What to Bring to Oral Argument

September 27, 2013

I've been helping a few friends prep for their first oral arguments recently. Information technology'due south been a mutually beneficial exercise, because (i) it has forced me to remember about what I do to prepare and why I do it, and (2) information technology reassured them that, if I can do this stuff, so anyone can.

Looking dorsum on those conversations, though, I realized that I'd forgotten to give my friends one of the most useful pieces of information: What they should really bring with them to the argument.

You see, if you argue plenty appeals, you will eventually suffer every conceivable embarrassment and deprivation at the lectern. And you volition learn from those experiences. As a issue, I've come to stock my statement briefcase similar a disaster-preparedness kit. Here'south what information technology usually contains:

• Argument Folder, with diverse outlines, modules, summaries, and questions.
• Joint Appendix
• Briefs
• 3 pens–i blue, one black, and i blood-red. I like to accept notes in different colors, and yous never know when i of the pens will run dry or explode.
• Two notepads: One to record the court'due south questions and the Other Guy's answers, and one to brand notes for my own argument.
• Key statutes, cases, and rules.
• If I'chiliad in the Fourth Circuit, a binder with my notes on the judges (because there are a lot of them, and you don't find out who will be on your panel before the day of statement).
• Glutinous notes
• Difficult candy
• Adhesive bandages. Considering 1 time at the Fourth Circuit I needed a Band-aid® and didn't have whatsoever handy. (Pro tip: there'south a CVS across the street from the 4th Circuit and convenient to the Supreme Court of VA.)
• Ibuprofen. Because 1 time at the Fourth Excursion, I did something to a nervus in my neck the nighttime before an argument and couldn't turn my head to the right without excruciating pain. This required me to prefer some downright Karloffian body linguistic communication when addressing the estimate on my correct–a suboptimal persuasive technique, as his dissent proved. Then, utilise what works for you.
• Lip balm. Because one time at the Quaternary Excursion . . .
• Glasses. I use contacts in real life, but too much tin can go wrong on the mean solar day of argument. I'd probably swallow one while shaving and spend the whole argument squinting at the panel in monocular distress. Plus, I gain 10 IQ points and 5 years of gravitas when I wearable glasses. And then I become with them, and if you've read this far you've gotten the sense that I wouldn't risk bringing just one pair. They might be stolen by beavers on the way to court.

So that'south what I bring to court. I could certainly go by with less, but why risk it? This helps me sleep at night. And lest you think I'm some kind of OCD outlier, David Frederick has a handy checklist in Supreme Court and Appellate Advocacy that includes almost of these items, and some others every bit well.

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