Appellate Advocacy Series - Part Two - Oral Advocacy-Appellate Advocacy Series - Part Two

Video Transcription

Video Summary

This CLE program featured a panel discussion on appellate advocacy, focusing on effective oral argument before the Ohio Supreme Court. The justices emphasized that preparation begins well before stepping to the lectern: advocates should watch archived arguments, study the court’s procedures, anticipate questions from both generalist and specialist judges, and know the record, law, and preservation issues thoroughly. They recommended organizing arguments around a few clear points, ideally three or fewer, and giving the court a concise roadmap at the outset.<br /><br />The panel strongly encouraged always reserving rebuttal time, but using it only to respond to the appellee’s strongest arguments—not to repeat earlier points. They also stressed the importance of answering questions directly, especially hypotheticals, and being willing to say “yes, but…” to correct a mistaken premise without sounding confrontational. Advocates should be specific about the relief they seek, especially on remand.<br /><br />For appellees, the key is showing you listened carefully to the appellant’s argument and the court’s questions, then addressing the most important concerns head-on. The justices also discussed splitting argument time among multiple lawyers, warning that it often reduces effectiveness unless roles are carefully coordinated in advance.<br /><br />Finally, they offered practical advice on style and professionalism: don’t read your argument, don’t rush, don’t be overly negative, and avoid distractions in appearance or manner. The most effective advocates are prepared, concise, respectful, and responsive.

Keywords

Ohio Supreme Court

appellate advocacy

oral argument

CLE program

rebuttal time

judicial questions

argument preparation

court procedures

remand relief

appellee strategy

professionalism

hypothetical questions

brief roadmap