little typewriter

 About Barger Appellate Resources Citations Course Links Format Guidelines LW Sites & Blogs Legal Research Links One-L Help Writers' Resources

A. Opening and Introduction (5 points): Stands and responds when addressed by judge. Opens argument with "May it please the Court." Identifies self and client. If first counsel to speak for team, sets out organizational plan of argument, giving a broad but brief overview of the case and identifying issues to be addressed by each team member. If first counsel for appellant, requests rebuttal time for self or partner.

B. Issue Identification (10 points): Clearly identifies issues to be resolved by appellate court. Makes issue easy to follow. Incorporates both facts and law in issue statement. Slants issues appropriately for client. Emphasizes the most important issues.

C. Use of Facts and Authorities; Organization and Content of Argument (20 points): Refers to facts found in record. If asked, is able to direct Court to important language in record, abstract, or addendum. Emphasizes and displays thorough and accurate knowledge of mandatory authorities. Follows, to the extent the court’s questions permit, the organizational outline set out in opening. Upon completing an answer, makes smooth transition back to planned argument.

D. Ability to Answer Questions; Time Management (20 points): Answers court’s questions with confidence and credibility. Gives direct answers first, then qualifies or explains them. Demonstrates familiarity with leading cases and relevant rules and statutes. Incorporates relevant authority and facts into answers. Makes  effective use of the ten minutes allotted for argument.

E. Responsiveness; Rebuttal (20 points): Directly confronts the hard issues in case. Displays candor about weak points in case. Is able to distinguish or diminish impact of unfavorable authority. Makes no unnecessary concessions. If representing Appellee, incorporates responses to Appellant’s points within framework of Appellee’s argument. If handling rebuttal for Appellant, makes small number of important points, referencing earlier questions or points made by opponents.

F. Zeal; Persuasiveness (15 points): Maintains composure under questioning. Employs reason and logic rather than solely relying upon precedents. Argues case as if its facts, issues, and parties are real. Communicates counsel’s belief in the correctness and justness of the advocated outcome. Demonstrates counsel’s receptivity to the court’s questions.

G. Technique (10 points): Stands straight and still at the podium. Gestures, if any, are natural and effective. Maintains good eye contact with members of the court. Uses notes sparingly. Uses good intonation and inflection. Speaks clearly and paced delivery well–not too fast, not too slow. Calls judge "your honor" and responds with courtesy and deference. Stops speaking when judge interposes a question. Delivery is free of verbal quirks (ums, ahs, y’know, etc.).