Sunday, February 22, 2009

May It Please The Court

In LRW this semester, we're writing an appellate brief. In conjunction with this assignment, we'll get the opportunity to give an oral argument in front of a panel of judges.

I had my first practice round last Friday. My partner and I argued the case, an employment dispute, in front of two LRW tutors while being videotaped. We each had 6 minutes to persuade the tutors that we weren't complete idiots and did, in fact, have some command of the English language. 

I don't think I convinced them. 

I gave the standard opening: "May it please the court, my name is ______, counsel for respondent Tonya Howard." After the opening, you're supposed to state a conclusion to the issue, basically telling the court how you want them to rule. In reviewing my videotaped practice round, I said something coherent. So far, so good.

Next, I launched into my argument about how the district court judge properly denied a motion for an order of recusal. This is where the English language failed me. I stumbled for about 30 seconds and then one of the tutors asked me a question. I didn't know the answer. 

I resumed my argument and made it through another 15 seconds. The other tutor asked me a question. Again, I didn't know the answer. A follow up question was lobbed my way. Dumbfounded, I frantically searched my outline for at least a place to start. Nothing. 

I spoke for about another minute, stated my conclusion, and sat down. Then I realized I was holding my breath. It's a miracle I didn't swoon at the podium.

The feedback from the tutors was pleasantly mild. They told my partner and I to speak with confidence, argue with confidence, respond to questions with confidence, and relearn English. 

The good thing is that I now know how unprepared I was for the practice round and how prepared I will be for my final oral argument. And as far as relearning English or remembering how to speak a coherent sentence, it's really a work in progress. English is tricky, and even though I'm a native speaker, blah blah glar glar glar blah. Yes, your Honor, that is my argument - my client wins.

Power to the people.

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