Originally published in The International Association of Defense Counsel -
Appellate Practice Committee Newsletter - February 2013.
At the 2012 Midyear meeting, we were privileged to hear insights on appellate oral argument and record preservation from Judge Roger Gregory of the U.S. Court of Appeals for the Fourth Circuit. We reproduce many of those core insights here (with the note that any errors are our own in transcription, and not those of the exceedingly articulate Judge Gregory.)
ORAL ARGUMENT ON APPEAL: TEN TIPS -
Present your theory of the case. The argument is your opportunity to explain to the justices why, as a matter of policy, your client should prevail. It is your opportunity to present your theory of the case; return to that theory and theme throughout your presentation.
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