As an impressionable judicial clerk fresh out of law school, I was exposed to several methods of the ever important skills of oral advocacy. I’ve observed firsthand how the outcome of a hearing can hinge on the slightest nuance and, from time to time, counsel may sway the court’s determination based on factors far beyond the factual and legal arguments. After oral argument, I often asked the judges exactly what counsel did to sway or solidify their decisions. The discussions that follow were particularly enlightening.
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