The Art of Persuading Judges

The Art of Persuading Judges

Seat only co counsel at counsel table. 

The client will sometimes ask to attend oral argument requests that today can hardly be denied. But don’t seat the client beside you at counsel table. Clients have a tendency to whisper suggestions in your ear, or to display approval or disapproval of the proceedings by their expressions or mannerisms. Even if this doesn’t distract you, it will distract the court. Seating the client in the audience is perfectly acceptable. 

It is helpful to have co counsel (perhaps a junior colleague) with you at the counsel table. When you rise from your seat next to the lectern to speak, co counsel slips into your chair so as to be able to pass you any materials needed during the argument. Tell co counsel never to pass you a note while you are on your feet, except in an emergency-for example, if you have advised the court incorrectly about the contents of the record. 

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