Oral Argument: Five Tips to Improve Your Delivery

Not all lawyers engage in oral argument, but all of us benefit when we articulate our viewpoints well. The advice below is provided in the context of an oral argument, but the tips are relevant to any spoken expression meant to persuade. These guidelines are valid for explaining legal strategies to your client, speaking to your boss about a case, or serving as a panelist for a CLE program. Replace the term “judges” with “client,” “boss,” or “audience” to illustrate the full scope of these guidelines.

Tip 1: Engage the Judges

Capture their attention at the beginning. Start your argument with a sentence or two that will cause the judges to sit up and listen. Even if you are dealing with a very dry topic, articulate why this is important to your client. Judges are more apt to listen and understand your points if you give them a reason to listen. Your job is to tell the client’s story effectively. “Remember you are your client’s only spokesperson at that moment. Be creative. Consider that every presentation is made on a stage and you are the actor, producer, and director,” said Sharon E. Pandak, partner at Greehan, Taves & Pandak PLLC in Woodbridge, Virginia, and former Prince William (Virginia) County Attorney.

Pandak also is a strong proponent of visual aids that can help illustrate your point, especially when the material is dry. “Have a boring case such as erroneous tax assessment litigation? Need to explain the large differences in fair market value claims and your locality’s assessment? Use a simple line chart in different colors,” said Pandak.

Demonstrate confidence in yourself and your message. If you don’t believe in your argument, you will never convince someone else to believe in it. This means citing the law and emphasizing the facts that have the best chance of convincing the judges to rule in your client’s favor. It also means that you must prepare thoroughly—know the facts and the law inside and out. If you are well prepared, you will not have to fumble in your trial folder for the answer to a question because you will respond easily and confidently. Confidence also means playing the part of advocate, especially when things are not going your way. Even if you are taking a beating from opposing counsel or pointed questioning from the judges, maintain eye contact, speak with a forthright demeanor, stand tall, and keep the expression on your face as pleasant (or at least as neutral) as you can.

Do not read to the judges. Reading a document automatically diminishes your effectiveness. You know your argument. You have lived and breathed your points for a significant length of time. A listener’s engagement will improve if the information is transmitted in a conversational format. Tell the judges your argument in your own words. Create a guideline by reducing your written document to bulleted highlights. If you lose your train of thought, this can serve as a backup.

Eye contact with the judges is essential. Judges will follow your argument and understand it better if they feel a connection with you. Their listening and comprehension will improve if they are looking at you while you speak. The best way to ensure that this happens is to look them in the eye and be emphatic.

Tip 2: Help the Judges Understand the Content

Make it easy to understand. Give your listeners a road map and refer back to it. Don’t make the judges work to comprehend what you are saying—they won’t. They will simply gloss over your words, and you’ll lose a valuable opportunity to help them understand your client’s position. “Judges appreciate oral argument that is incisive and well organized,” said Timothy L. Nemechek, a Colorado Administrative Law Judge. Judge Nemechek noted there are times when effective oral argument can persuade the judge or change his or her mind.

Use examples to help the judges understand the situation. Examples are very useful when used correctly. “Examples that are tied to the specific facts of a case or a similar appellate case which you want the judge to find persuasive can be particularly effective during oral argument,” said Judge Nemechek. Examples are especially effective if the facts or legal theories are confusing. Think back to a time when you were trying to understand a difficult concept. Examples probably helped you understand the situation based on your own experiences.

Don’t use jargon. Judges will probably not ask the meaning of a specialized word. That means they will not understand the point you are trying to make, resulting in a waste of precious time. Explain yourself in clear, simple English.

Don’t assume that the judges know the facts or record by heart. Reiterate background information succinctly to ensure that they understand the context. If the judges have forgotten or failed to pick up on a crucial fact, they may not understand your argument.

Frame your case. To help judges understand, successful litigators shape the interpretation and meaning of the facts. “People are persuaded when they connect with your client, the unfairness, the injustice. Telling your client’s story with context and particularization fosters comprehension,” said Edward Monahan, co-editor of Tell the Client’s Story: Mitigation in Criminal and Death Penalty Cases (ABA, 2017) and former Kentucky Public Advocate.

Tip 3: Adopt an Effective Speaking Style

A relaxed, down-to-earth speaking style will most effectively engage the judges. Seem approachable, smile as appropriate, and look earnest. Modify your pitch so you don’t sound robotic. View your argument as a conversation.

Inject passion when warranted. Judges will hear the emotion in your voice, and it will emphasize your point better than your words. Eliminate “uh,” “um,” and “right.” When you practice, consider using your phone to record your argument and listen to hear how many times you use these “fluency disrupters.” These distractions sound unprofessional, hurt your credibility, and interrupt your argument’s flow. Speak up and speak out.

Body language speaks volumes. Listeners use your body language (perhaps unconsciously) to evaluate your competence. Take a video of your argument and examine your movements. Do you slouch, lean to one side of the podium, use your hands excessively, click your pen, or talk with your head down? Or do you stand straight as a board, not moving an inch? Watch TED Talks to determine the type of body language that is the least distracting and the most engaging. Remember that the substance of your argument, your voice, and your body language are all part of a package that the judges are evaluating.

Tip 4: Close Your Argument with Impact

Reiterate your strongest argument using different words. The judges’ understanding may improve if you use alternative language. Do not simply repeat words that you have already spoken.

Emphasize the impact of the decision. Judges are human beings, too. Sometimes, explaining how the decision will affect your client or others in the community can be your strongest argument. For example, in a federal appellate argument, Assistant U.S. Attorney Gregory G. Brooker represented the United States in a dispute with a city that wanted to tear down a Department of Housing and Urban Development (HUD) home that had been sold to an individual who was restoring the home in an inner-city neighborhood:

I had to emphasize the compelling purpose behind the federal statute I was defending by noting the adverse impact the systemic demolition of HUD homes would have on the livability of many inner-city neighborhoods in need of affordable housing. I also had to emphasize the devastating result the city’s demolition would have on this one individual who needed affordable housing and was in the process of restoring this one home.

State a call to action. Just as in advertising, you need to clarify what you want the listener to do. Your job is to make it easy for the judges—articulate the ruling you are seeking.

Tip 5: Practice, Practice, Practice

Like any other skill, the only way to truly improve speaking skills is to practice. If you experience anxiety when speaking in public (like many people!), conquer your fear by exposing yourself to the activity that makes you uncomfortable. Join Toastmasters or some other group that provides an opportunity to practice public speaking skills. With time, your fear will diminish, and you may even start to enjoy speaking to groups of people.

Be prepared for the hardest questions. Even if you are comfortable with public speaking, you still must practice. Find all the holes in your argument. Compile a list of the questions about those problem areas and any other questions that you most hope will not be asked by the judge. Then prepare responses to those specific questions and practice delivering them. “Present your argument to colleagues who are familiar with the court before which you’re arguing. Have them act as ‘judges’ and question you, and have them critique the argument’s substance and your delivery,” said Donna Frazier, Caddo Parish (Louisiana) Attorney.

Following these tips will help you present your case effectively to anyone you are trying to convince. You’ll be on your way to becoming an expert oral advocate.