How To Make Sure A Short Appellate Oral Argument Is Long Enough To Win

After years of litigation, the appellate court schedules oral argument — finally, a chance to win in the higher (wiser?) court — but (to the client's dismay) often for only 10 or 15 minutes. (Oral argument in the Supreme Court of the United States affords only 30 minutes to each side.)

Can busy appellate judges sift through the record and the issues and understand the competing arguments in such a short period of time? They can, if the appellate lawyer makes the judges' job easier. In about 7-14 percent of appeals, lower court decisions are reversed. How can we get our clients in that winning group? Or, if they were successful in the lower court, how can we help them hold on to that victory?