Tag Archives: Advocacy

Advocate v. Advisor: Estimating Likelihood of Success

Laura P. Haley
“We’re going to win,” a board-member announced, pointing at the application for a temporary restraining order, and looking around the room. Turning her gaze to me, she reiterated, “it says, ‘Plaintiff Will Likely Succeed on the Merits,’ and then you give a bunch of reasons why. That means we’ll win the case, right?” “From a … Continue Reading

Oral Argument Rituals

D. Todd Smith
Over at MyShingle.com, Carolyn Elefant has posted on some of the things she does to prepare for oral argument and has solicited others’ stories.  Here is what I told her: I don’t have what I would consider to be rituals or superstitions. It’s more of a process. I generally go back and read all the briefs and important … Continue Reading

Avoid Reading to the Appellate Court

D. Todd Smith
Today’s post at the Illinois Trial Practice Weblog contains a useful tip that’s worth a mention here:  Never read your argument when appearing before an appellate court.  Not only is it bad form, but it also hinders your ability to respond to questions or address the points your opponent makes.  The post lays out an … Continue Reading