I love talking to young attorneys about their cases. They are enthusiastic and often passionate about their client’s position. They know the law and have thought through its permutations as it relates to their facts. They believe in, and can readily articulate, the fairness of their client’s position. They answer my questions directly, pointedly, and persuasively. They are good oral advocates. They speak from the heart.

So why is it then, when it comes to oral argument, so many young attorneys turn into robots?

Certainly, part of it is nerves and inexperience. But a larger part, I believe, has to do with the approach that many attorneys — young and old — take when preparing for oral argument.

Continue reading The McNaughton Rules: Oral Argument Should Not Be A Book On Tape →