07 Tuesday Jan 2020
Posted in Oral Argument, Oral Argument, Trial Tips and Techniques
On Your Feet: Some Simple Steps to Presenting in Person, by Joseph Regalia, Appellate Advocacy Blog
Even though this post is written for attorneys who want to hone their oral argument skills, I think it also works for those who speak or teach, regardless of your audience. -CCE
19 Tuesday Jun 2018
Posted in Acronyms, Appellate Law, Benchslap, Humor, Intellectual Property, Judges, Legal Ethics, Legal Writing, Oral Argument, Patent Law, Proofreading
≈ Comments Off on Six Judges Let The Benchslaps Fly.
Six Benchslaps to Brighten Your Day, by Lisa Needham, Lawyerist.com
https://lawyerist.com/six-benchslaps-will-brighten-day/
As Ms. Needham describes it, “[f]or the unfamiliar, benchslap originally referred to one judge snarking at another, but now refers to any time a member of the bench crushes an attorney with wit, rage, or both.” It is also an excellent example of what not to do. -CCE
27 Sunday Dec 2015
Posted in Appellate Law, Oral Argument
≈ Comments Off on Preparing Your Oral Argument – This is How You Do It.
How to Prepare for Oral Argument, by Sam Glover, Lawyerist Blog
https://lawyerist.com/40693/how-to-prepare-for-oral-argument/
Oral argument is one of the most exciting parts of litigation, and only a few lawyers are really good at it. But even if you aren’t a naturally talented presenter, you can still improve. The important thing is to get away from your outline and use a more ‘modular’ approach to oral argument.
Many lawyers — especially those new to law practice — prepare for oral argument the same way, by creating an outline and rehearsing as they would for a speech. They may prepare for questions by talking through the issues with a colleague, but this does not usually result in effective oral argument. What it does result in is a stiff argument, awkward recovery after answering questions, and an ineffective presentation overall.
That’s because oral argument is so much more dynamic than an outline — even if you have a ‘cold’ bench. In order to prepare for dynamic argument, you need a more dynamic approach than an outline and a few run-throughs. . . .
03 Tuesday Mar 2015
Posted in 5th Circuit Court of Appeals, Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Court Rules, Courts, Federal District Court Rules, iPad, iPhones, Laptop, Legal Technology, Local Rules, Oral Argument
≈ Comments Off on Can You Use iPads or iPhones in Court? Maybe – Maybe Not.
Court Rules on iPhone, iPad Use, by Jeff Richardson, iPhone J.D. Blog (with hat tip to Ray Ward, Louisiana Civil Appeals Blog)
http://www.iphonejd.com/iphone_jd/2015/03/court-rules.html
If there are rules for or against using any type of technology in a courtroom, you will normally find the court’s preference in its local rules. Courts don’t write local rules just for fun. They mean it when they say they don’t like something. If your court clearly states in its local rules that certain types of technology are not tolerated, don’t temp fate by assuming that you will be the exception.
Please note the comments at the end of the article. There is more valuable information about other court rules. -CCE
There are countless ways that an iPhone and iPad can be useful to an attorney while in court — whether you are at counsel table or just monitoring proceedings from the cheap seats in back. I often use my iPhone to look up a statute, check my calendar, get some information from an email, or remind myself of the name of another attorney in the courtroom. I often use my iPad to look at a case cited by an opponent, review the key part of an exhibit or transcript, or take notes. But you cannot do any of this unless the court lets you use electronic devices in the courtroom. I remember a time many years ago when the Eastern District of Louisiana did not allow any cell phones, even if turned off, and if my Palm Treo was still in my pocket, I had to walk back to my office, a few blocks away, and leave it there. Many courts are now more lenient, but attorneys should not just assume that it is okay to plan to use an iPhone and iPad in court. Instead, it is wise to first determine if there is an applicable court rule on the issue.
I write about this today because Ray Ward, an appellate attorney at my law firm, has a case that is soon set for oral argument before the U.S. Fifth Circuit, and in connection with that case, yesterday he received a notice from the Fifth Circuit of a new policy on electronic devices in the courtroom. Ray wrote about the notice (and attached a copy) in this post on his Louisiana Civil Appeals blog. In short, you can now have an iPhone or iPad in the courtroom, but it must be turned off unless you are presenting argument or at counsel table. And even then, you cannot take pictures or video, nor can you use social media. . . .
