attach a photograph of it as an exhibit . Rather than referencing a document , I try to include a snapshot of the document within the margins of the filing . This allows me to convey the importance of these items more persuasively than by simply describing them for the court . In recent years , I have found myself following another maxim , “ remember to communicate with your audience , not simply to yourself .” This saying reminds me to place myself in the position of the judge or opposing counsel who will read or listen to my arguments . It also ensures I thoroughly outline the facts and legal arguments which support my positions viewed through their eyes , not just my own . Such an approach can also help educate an attorney ’ s client , who may not understand the nuances of legal pleadings . For a client , even though an attorney may spend countless hours compiling a well-written legal brief , the client will remember more about what the attorney “ showed ” to the court during oral argument than what the attorney “ told ” the court in a legal brief .
Strive to Create an “ Ahah ” Moment . By effectively utilizing oral argument to convey an important message , attorneys may also change a judge ’ s mind toward their legal position . 10 Even if such a chance is low , attorneys should still seek out oral argument opportunities in the hopes of eliciting a “ I never thought of that [ or ] . . . Now I see ” response from the court . 11 However , if attorneys fail to ask for oral argument , they will always miss out on these types of opportunities .
Thus , while an attorney ’ s legal writing abilities are indeed important , they are but one tool in that attorney ’ s toolkit and represent but one
form of legal advocacy . However , by conveying important points through both written and oral means , attorneys can best impress upon the court the merits of their position . So , the next time you submit an important pleading to the court , try it out , and request oral argument . It may not be the difference maker in every case , but it will certainly expand the scope of your legal advocacy , which is something all attorneys should strive to accomplish .
* Assistant United States Attorney , United States Attorney ’ s Office , District of North Dakota , Bismarck , North Dakota . The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the Department of Justice , the United States Attorney ’ s Office for the District of North Dakota , or any agency of the United States government .
1 . Alina-Mihaela Busan , Learning Styles of Medical Students - Implications in Education , 40 CURR . HEALTH SCI . J ., NO . 2 , 104 ( 2014 ). ( Explaining that “[ e ] ach person has a different way of accumulating knowledge . While some prefer listening to learn better , others need to write or they only need to read the text or see a picture to later remember .”). 2 . Id . at 104-05 . 3 . Id . at 104 . 4 . Id . 5 . Id . at 104-05 . 6 . Id . at 110 . ( Explaining “[ a ] mong the medical students who have completed the questionnaire it is showed that the predominate learning style is the visual style 33 %, followed closely by the auditory style -26 %”). 7 . See Warren D . Wolfson , Oral Argument : Does it Matter ? 35 IND . L . REV ., 451 ( 2002 ) (“ I detect among judges a growing disdain for oral arguments . We don ’ t look forward to them as much as we used to . They often are seen as an extra and unnecessary step in the proceedings .”) 8 . Stanley Mosk , In Defense of Oral Argument , 1 J . APP . PRAC . & PROCESS , No . 1 ,. 25 ( Winter 1999 ). 9 . Id . at 29 . 10 . Wolfson , supra , note 7 , at 454 . (“ My best estimate is that oral argument does affect the outcome at times . That is , it changes or makes up minds in about five to ten percent of the cases where we hear argument .”) 11 . Id . ( Describing how “[ w ] e do not know which five or ten percent of the cases will change judicial minds . These include the lightning bolt arguments , the ones that make you say : “ I never thought of that .” Or , “ Now I see .” Or a simple : “ Ahah !”).
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