Res Ipsa Blog

The ABA Journal has published a must-read excerpt from Justice Scalia’s new book.

The Brief:

• Use paragraphs intelligently; signpost your arguments.
• Use words that guide the reader
• Make it interesting

The Argument

• Appreciate the importance of oral argument, and know your objectives.
• Have your opener down
• Be cautious about jokes

Never tell prepared jokes. They almost invariably bomb. In Roe v. Wade, an assistant attorney general for the state of Texas, who was arguing against two women lawyers, led with what he probably considered courtly Southern humor:

“Mr. Chief Justice, and may it please the court, it’s an old joke, but when a man argues against two beautiful ladies like this, they’re going to have the last word.”

No one laughed. Onlookers said that during an embarrassing silence, Chief Justice Burger scowled at the advocate.

• Never postpone an answer
• Learn how to handle a difficult judge
• Beware invited concessions

The unduly accommodating lawyer—a frequently observed creature, especially in appellate courts—has given away many a case.

Read the entire excerpt here.

Written by Benson Varghese. ♦ Contact Benson.♦ Have Res Ipsa Blog delivered to you.