![]() If it is acceptable to the court, I will provide the information by letter this afternoon.” ![]() “I am sorry, Your Honor, but I do not know the answer. What if you do not know an answer to a question? If you do not have an answer to a question, it is better to be honest and acknowledge your inability to answer the question. By developing your own hypotheticals, you are able to handle these forms of questions from the appellate panel. “Yes, I agree the husband should not have to pay alimony after he has passed away, but that is not the case in the present matter.”Īs you prepare, ask yourself your own hypothetical questions to apply to your argument. Learn to embrace the hypothetical – even when it is off the wall. Hypothetical questions are asked at oral argument. But your attempt at flattery may fall flat or even be offensive to a panel of hardened appellate judges. For example, “You know, Your Honor, that is an excellent question.” You are likely to be excited when you have anticipated a question and want to praise the appellate judge for asking what you are thinking. Refrain from praising the appellate court for thoughtful questions. Do not praise the appellate court for a question. For example, “This is the greatest injustice in the history of the probate court system.”Ģ. Here are two major responses to steer clear of when you argue:ĭo not engage in hyperbole. There are some forms of answers to avoid when you are before the appellate court. ![]() The point is you want to provide a “yes” or “no” answer for the appellate court followed by an explanation if necessary. For example, “Yes, Your Honor, but in this matter the wife is capable of working full-time, which contrasts with…” Or: “No, Your Honor, unless we take into the history of earnings of the parties, which the trial court did not address, then…” Respond with a “yes” or a “no.” If necessary, explain further. How do you specifically handle questions at oral argument? It is surprising how often appellate advocates, just like many people in private conversation, seem to hear only part of the question, and respond to that part of it that they had heard even though the answer they give may not be an adequate response to the entire question. If you are going to be able to intelligently answer a question, you must first listen to the question. Listen and focus on exactly what the appellate judge is asking to effectively answer his or her question. Be prepared and ready for the likely questions you are going to be required to answer.Īlways answer the question you are actually asked. The key to oral argument is to anticipate the questions from the appellate panel. Be Ready to Navigate the Appellate Court’s Questions Here are 9 tips for handling questions, avoiding bad answers, and dealing with difficult judges at oral argument.īy Matthew P. Learn to embrace questions from the appellate court: those questions provide an opportunity to validate your arguments. Family Lawyer Magazine’s Advisory Board.Become a Family Lawyer Magazine Blogger!.
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