Using the Lessons of Aristotle to Present Outstanding Oral Arguments

By Lawrence D. Rosenberg; Jones Day (Washington, DC)

Delivering oral argument can sometimes appear to be a daunting task. An advocate may experience pangs of self-doubt. He or she may wonder: What if the Judge doesn't like me? What if the Judge thinks my case is terrible? What if the Judge falls asleep during my argument? Such concerns are natural. Oral argument can be difficult and occasionally unpleasant. But, with an understanding of how to present an effective oral argument and perhaps some experience doing so, delivering oral argument to a judge, arbitrator, or mediator can be both very rewarding for the advocate and very important to the advocate's case.

This article sets forth a number of approaches, strategies, and tips for presenting outstanding and compelling oral arguments to trial and appellate judges, arbitrators and mediators. It begins by turning to an old friend of oral advocates—Aristotle—for some fundamental principles for delivering effective oral arguments. It next examines the critical steps in preparing for an oral argument. Finally, it discusses a number of techniques for presenting outstanding oral arguments in today's courts and ADR settings.

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