The best oral argument will always be, “Thank you, Your Honor.” That phrase is the one used by deft counsel who realize the judge has made their case for them, and that adding more layers to the discussion will only complicate things.

As lawyers, resisting the urge to rattle off carefully practiced “winning” material is contrary to our very nature, and to the prevailing notion that the best talkers make the best counsel. But the art of oral argument is recognizing the moments when saying nothing at all is the most compelling and confidence-inspiring advocacy.