Fewer Fed. Circ. Oral Arguments Diminish Judicial Process

Oral argument is a time-honored appellate tradition. Some advocates love this aspect of appellate practice. Some are anxious being in the hot seat, that they might say something that loses them the case.

Most appellate judges relish the opportunity to dig deeper into any gaps that may have been left by the briefs. Some feel their time is wasted by an advocate pursuing his or her own agenda, rather than trying honestly to answer the court's questions and assist the court in reaching the best decision in a case.

And, sometimes, circuit judges are correct in this regard. Regardless, oral argument is a gift. It affords the advocate a limited opportunity to speak directly to the decision-makers, to find out what really troubles them about your, or your opponent's, argument.