- Surety about the Jurisdiction
- Audience knowing
- Case knowledge
- Adversary stand
- Applicable standard of decision
- Do not overstate
- Lead the strongest argument
- Make a positive case
- Refute effectively
- recognize defensible terrain
- Yield ostentatiously
- Concentrate on the best arguments
- Clear and concise
- Main issue before facts
- Appeal to justice and commonsense
- identify juris maxim for fairness
- Reason is paramount
- Posture equality with respect
- Restraint
- Control semantic
- Say Explicitly for tribunal to do
- Inference based on premises
- Rules of interpretation
- Words of governing text
- Defend interpretation with legal history
- Relative weight of precedent
- Explicit premise in governing text
- PURPOSE OF BRIEFING
- Command of written language
- Applicable rules of the court
- Set Timeline for the stages of the work
- Prepare joint appendix with opponent
- "Getting" your argument needs lot of time and effort
- Opening/responding/ reply/petition for discretionary
- Write; revise; revise again and finally revise
- Arrange part of brief for use
- Authority for filing the brief
- Use and respond to amicus brief
- Clarity above all
- Captioned section heading
- Signpost arguments in paragraphs
- Example to clarify abstract
- Interesting
- No jargons or hackneyed expression
- Contraction may be used occasionally
- Avoid acronyms
- Bold in heading, italics occasionally
- Cite authority scrupulously
- Cite sparingly
- Quote authorities more sparingly
- Avoid substantive foot notes
- Citation in foot notes
- Text readily available
- Good typography
- ORAL ARGUMENTS have to be purposive
- Prepare as public speaker
- Pronunciation of legal terms and names
- Master the use of Pause
- Skilled/knowledgeable advocate to argue
- No splitting of argument between Co-counsels
- Prepare thoroughly
- Learn the record
- Learn the case
- Decide the part of the brief to cover
- Be flexible
- Be clear on the theory of the case
- Be clear on the mandate you seek
- Index the material you may need
- Conduct moot court
- Watch some arguments
- Check your authorities on the eve of the arguments
- Reach early with everything you need
- Dress and bear with dignity
- Seat only co-counsel at the counsel's table
- Remember you are at work even when you are sitting
- Stand erect and make eye contact
- Introduce yourself and greet the court
- plan your opener as a memorable one
- Reserve rebuttal time as appellant
- Give the facts and history only if worthwhile
- Lead with strength as an appellant
- Preceding clutter be cleared and go to strength
- Avoid detailed discussion on precedent
- Focus on crucial text and enable court to find it quickly
- Avoid dead horse beating
- Stop promptly when out of time
- Conclude effectively, time permitting
- Take a/c of special consideration applicable to rebuttal
- Connect by looking into the eye of the judge
- Conversational but not familiar
- Use correct court room terminology
- Opener from memory and never read an argument
- Simplicity
- Chew not the fingernails
- Argument as truth not as your opinion
- Never speak over a judge
- Ask not how much time you are left with
- Never put any other question to the court
- Be cautious about humor
- Don't use visual aids unintelligently
- Welcome question
- Listen carefully and seek clarification ,if necessary
- Do not postpone an answer
- Never give a categorical answer, if unsure
- Begin with yes/No
- Do not praise the question
- Willingly answer hypothetical question
- Transition back into your argument after answering
- Recognize friendly question
- Learn to handle difficult judge
- Beware invited concessions
- Advise the court of significant new authority
- File a motion for reconsideration, if unhappy with a ruling
- Learn from your mistakes
- Plan on developing a reputation for Excellence
