Oral argument is no day at the beach.  But at its best, it can be almost as much fun!  In honor of vacation season, ASIC lightens up a bit this month, to highlight the surprising similarities …

  • It’s Not Going To Work Without Preparation.  Did you forget the sunscreen, the towels, or the boogie board?  You’re going to regret it.  Just like if you forget distinctions from the other side’s best cases, your key record facts, or the core holding you want the court to reach.
  • Relax.  The best arguments become free-flowing conversations between the court and counsel, with no stress or anxiety in the way.
  • Sharks Not Welcome.  Sharp tactics like demeaning lower courts, or misstating the record or the law, violate the whole atmosphere of an appellate courtroom.  If spotted, strong reactions will ensue.
  • Our Benches Vary As Much As Our Beaches.  Craggy cliffs or sloping dunes?  Dense fog or bright sun?  Each of California’s many appellate courts has its own distinctive features – so “know before you go.”
  • The practical message:    I always have one, right?  Well, it’s August, friends … you’re off the hook.