Hon. Peter B. Skelos (Ret.) advises attorneys not to waive oral argument. Appellate judges consider oral argument the most exciting part of their work. They come to the argument well-prepared having read the record, briefs and bench memoranda prepared by the law department and their law clerks. Counsel should approach oral argument with no less enthusiasm and preparation. Oral argument is the opportunity to help solidify the judge who is in your favor and tip the scales of the judge who is undecided. In Preparation for Oral Argument of Your Appeal, Judge Skelos advises how to prepare for success in appellate advocacy.
Originally written on behalf of NAM (National Arbitration Mediation) for the New York Law Journal Appellate Practice Special Report published on April 10, 2017.
Reprinted with permission from the April 10, 2017 issue of the New York Law Journal © 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.