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Supreme Court and Appellate Advocacy: Mastering Oral Argument.

Publication: Trial
Publication Date: 01-SEP-03 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Supreme Court and Appellate Advocacy: Mastering Oral Argument.(Book Review)

Article Excerpt
DAVID C. FREDERICK West Group west.thomson.com 383 pp., $49

Historians remember Robert Jackson as both a Supreme Court justice who wrote with uncommon eloquence and the chief U.S. prosecutor at the Nuremburg war-crimes trials. Before he took on those historic roles, Jackson was a distinguished advocate before the Supreme Court as U.S. solicitor general.

Despite the esteem he earned there, Jackson once wrote that every case he brought to the High Court involved three separate arguments. The first was the argument he actually prepared, "logical, coherent, complete." The second was the one he delivered before the Court, "interrupted, incoherent, disjointed, disappointing." And the final was the "utterly devastating" one he composed after going to bed the night "after the argument.

That an attorney as accomplished as Jackson felt he was often thrown off his game during an intense oral argument serves as reassurance for more-mortal lawyers facing a hostile panel. Trial lawyers, too, often come up with their best opening and closing statements only...

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