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Law Practice

Aug. 14, 2024

Preserving the practice of oral argument

Despite the increasing use of technology in legal proceedings, oral argument should be actively promoted and encouraged by judges and lawyers.

Abimael "AJ" Bastida

Partner, McManis Faulkner

Shutterstock

Oral argument is an integral part of the judicial process. Historically, a lawyer relied primarily on oral argument to advance a client's cause. Today, judges and lawyers alike will tell you that the legal briefs, i.e., a lawyer's written arguments, are more important than oral argument. After reviewing the parties' papers, judges rarely change their minds during oral argument. This practice explains why judges are more and more likely to is...

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