[blindLaw] Advice for Oral Arguments

Aser Tolentino agtolentino at gmail.com
Mon Feb 26 17:59:06 UTC 2024


Hi Helen,
I hope you’re enjoying the class. The puzzle pieces approach is invaluable when dealing with the fact that you will be interrupted and thrown off. Sometimes, the panel won’t want to talk at all about one point and will hammer something that is of particular importance to their view of the case or a point either good or bad that the opposing counsel has raised. 
Some might disagree with this approach, but I occasionally in preparing notes would place the same cites in multiple places to allow for easy navigation to what I needed, under different headings to address different arguments for example, below my outline. Using quick nav, quick keys, or whatever your screen reader of choice calls it can give you great ways of categorizing text for easy access: your key points at heading level 1 and possible rebuttal arguments at level two for instance, with supporting cites at 3 and 4 or some variation to just give you what you need in the moment.
Prepping the intro and conclusion I think are also key, so you can bring attention to and return it to the key points you raise. Other than that, I think you just need to practice people asking you questions about the facts or a random bit of a case in the brief so you can get used to thinking on your feet and saying something responsive. And I want to double down on it  being vital to keep in mind being okay that your never being perfect, because we’re all human, for the time being anyway, and there’ll always be room for improvement.
> On Feb 26, 2024, at 7:51 AM, Maura Kutnyak via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> Hi Ellen,
> 
> My advice is based on a few different moot court experiences in law school, a couple courses on the topic of oral argument, and about six months practice as a public defender. So please weigh and measure what I have to say in relation to that background.
> 
> I have found that notes are mostly useful in preparation for oral argument. They allow an opportunity to organize and structure your arguments, more importantly, to identify the pieces that construct the hole. As you  write your argument, consider making headings for each major point and  minor sub points. Doing this in word, and using JAWS, I’m able to turn on quick keys and jump from heading to heading using the letter H. So on the rare occasion that I have the presence of mind and patience to search for information during argument, I can quickly jump through the major pieces.
> 
> I think that it’s important to not be too locked into your notes, and the linear path that they demand. If you can think of your argument is more of a puzzle made of pieces, when those questions come along and throw you off track, you can jump to one of the other pieces of your argument , without as much disruption to the flow. This is because the points exist independently of each other in your mind. You just have to be OK with not following the path that the notes layout.
> 
> I also always strive to practice the argument out loud in as many contexts and in front of as many different people as possible. But also just doing the argument while making dinner, or in the shower really helps the information settle more deeply into your memory. I think there’s a kinesthetic component for me as well, moving around, moving my hands a bit creates a mind-body connection that the information can attach to.
> 
> Finally, I guess just understanding that your oral arguments will never be perfect because your standards, each of our standards are likely much higher than is realistic. However, your preparation will make it so that things turn out much better than your anxieties may predict.
> 
> Take good  care! I wish you all the best.
> 
> Warmly,
> 
> Maura Kutnyak Esq.
> 716-563-9882
> 
>> On Feb 26, 2024, at 9:57 AM, Kyra Sweeney via BlindLaw <blindlaw at nfbnet.org> wrote:
>> 
>> Hi Ellen,
>> I participated in moot court in law school. My strategy was to organize my notes so that I knew exactly what information I could find in each paragraph. I was reading my notes with a Braille display, and I used the navigate to next/previous paragraph feature quite a bit. I would also try to anticipate questions and have responses as close to memorized as possible.
>> 
>> Hope this helps. Feel free to contact me off-list at kyra.sweeney94 at gmail.com.
>> 
>> Best,
>> Kyra
>> 
>> 
>> 
>>>> On Feb 26, 2024, at 9:28 AM, Ellen Harper via BlindLaw <blindlaw at nfbnet.org> wrote:
>>> 
>>> Hi All,
>>> 
>>> I am preparing for oral arguments in my legal practice class and was
>>> wondering if anyone has advice on how to navigate being interrupted with
>>> questions while not being able to quickly scan notes. Any advice would be
>>> greatly appreciated.
>>> 
>>> Thanks,
>>> 
>>> Ellen
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