Little is ever written about how an attorney should handle
oral arguments in the appellate courts.
And the one and only answer will not be provided here because there is
no consensus. But after arguing appeals
for well over twenty years, I can safely opine a few tips: Presume the judges on the panel have all
become quite familiar with the facts of the case, and the issues being
raised. (They have law clerks who
distill all of the briefing for them, and send them in with "cheat
sheets" and memos.) Try scrapping
the formalities and the introductory remarks.
(These are simply time-wasters.
Remember, you'll be "on the clock" because oral arguments at
this level are time-constrained.) Avoid
arguing anything already written in your brief, as this will cause your judges
to lose interest, as they've already read the briefs. (Never say, "As I argued on page XX of
my brief. . . . ") Instead, in the
time between briefing and oral argument, occasionally re-read your brief and
that of your opponent, and keep a list of ideas that are new and which have
popped up during this interim. These are
the Golden Nuggets which can make or break your case with a judge that may have
already been leaning against you. A new
twist on the old argument is precisely what can change a set mind.
If you have a family member or friend whose lengthy sentence
was based at least in part on prior convictions, or if you are a lawyer seeking
assistance with an appeal or post-conviction matter, please call this office
immediately. There are always time
deadlines limiting when these claims can be raised. If you wish to learn more about the process,
call now.
Jonathan Laurans wants you to be educated as to what you may
be facing. If you or a loved one has
been convicted of a crime in Missouri, Kansas or Texas, or in any federal
court, contact him immediately. Visit
his website at www.kansascitymoattorney.com and then call him at (816) 421-5200
for a FREE initial legal consultation.
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