Appellate Oral Argument: Philosophy, Preparation, Presentation, and Rebuttal
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, May 6, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide appellate counsel with techniques for persuading appellate judges during oral argument, with attention on remote and video arguments. Our panel of appellate specialists will discuss the key goals of oral argument and how to prepare for and present the argument, as well as review post-argument matters such as whether to file a supplemental briefing and review the recording.
Mr. Roach’s almost 40 years of practice, which began at Vinson & Elkins in 1981, have focused on a unique combination of appeals, trials, and being the outside appellate lawyer added to trial teams. This combination has led to a career of high-profile appeals, major insurance coverage litigation, and being the legal ruling specialist at trial and arbitration for Fortune 500 companies and top trial lawyers. He has served as state, regional, and national counsel for several major corporations with responsibility for specific legal issues decided by trial and appellate judges worth hundreds of millions and billions of dollars, such as punitives and intentional torts, insurance coverage, and contract interpretation disputes.
Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court, and California Courts of Appeal, covering a multitude of areas of law. He is a frequent lecturer and author, published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications.
Mr. Meadow has over 40 years of experience as a trial and appellate lawyer, well-regarded for his ability to dissect the law and shape appellate strategy. He has successfully defended lender liability actions before both juries and appellate courts. He continues to focus his practice on business disputes involving such areas as real estate, title insurance, partnerships, professional malpractice and intellectual property, and in all of these areas his appellate work has resulted in groundbreaking decisions. He also has substantial expertise in family and healthcare law.
Oral argument on appeal is a wholly different exercise from the trial level argument, and remote/video appellate arguments differ from in-person appearances. Even the best and most experienced trial lawyers can falter when presenting an appellate argument because they don't always fully appreciate what the appellate panel expects or needs to hear. Also, unlike trial level argument, in an appeal, oral argument is counsel's only chance for direct contact with the appellate judges--the only chance to focus the panel on the most important issues in the case, clear up any misunderstandings, and possibly sway an appellate justice's thinking.
Our panel will lead you through developing key goals for the argument, preparing to present the argument, and rebutting the opposition.
Listen as our distinguished panel reviews the various nuances and techniques involved in effective oral argument. The panel will cover oral argument purposes and presentation techniques, including the art of responding to judges' questions, rebutting opposing arguments, and managing post-argument steps.
- Purposes of oral appellate argument
- Preparation
- Video/remote presentations
- Presentation
- Post-argument matters
The panel will review these and other key issues:
- Identifying goals
- Incorporating appellate perspectives when developing the argument and countering opposing precedent
- Honing your presentation to maximize your potential for success
- Anticipating and leveraging opposing arguments
- Preparing to respond to judges' questions
