• Answer the questions. This is the most important purpose of oral argument.  If you can, give them a yes or no answer, and then your rationale.  If you reserve this order, you will be seen as avoiding the issue and will have points deducted for being “non-responsive to questions.”

 

• Engage the Panel. Remember, you do not really argue against your opponent, but are really looking for a good dialogue with your panel of arbiters.  Do not be too wedded to your prepared script, but instead be ready to discuss the issues that the arbiters raise.

 

• Respondents Respond. A good respondent’s argument is truly responsive to the presentation of the claimant.  Make sure you listen to their presentation and tailor your oral argument to match.  This is not to say that you have to follow their organization – jut make sure you draw parallels to their points when you make yours.

 

• Be Prepared.  You will be amazed at the many tangents that oral argument will take.  To the extent possible, you should be ready to discuss everything remotely related to your issue.  You should also have a basic understanding of your partner’s issue since you may get questions on it as well.  In that case, a superior response is “Well, that issue will be raised by my partner, but the answer is likely….”  Use your preparation time and practice rounds to expand your understanding and knowledge of the issues.

 

• Argue Policy. A strong and logical policy justification behind a point is more persuasive than a whole bunch of illogical court opinions.  To that effect, do not merely cite to court or tribunal precedents, but be familiar with the reasoning behind the decisions and be able to distinguish or draw parallels to that reasoning. 

 

• Distinguish Facts.  If a case is not favorable, make it seem so distinctly different from the issue presented that it is hardly relevant.  Know the facts of cases and be prepared to show why they don’t apply.  Few things impress a arbiter like detailed knowledge of a case that they raise.

 

• Beware the Hypothetical.  Some arbiters love to ask about hypothetical scenarios and will throw them at you all the time.  Always look to the long-term ramifications of the scenario presented; minor concessions may trap you later in your argument.  Distinguish these from the facts of your case. 

 

• If You Don’t Know, Admit It. Don’t be afraid to admit to not knowing something.  But, be prepared to make your best guess based on your understanding of the hypothetical case presented by the arbiter.  Some people respond with “I’d be happy to brief that issue and get back to you,” but this can be considered non-responsive.

 

• Be Willing to Concede. Nothing undermines your credibility more than a staunch defense of an illogical point.  Concede weak points, and be willing to admit that yours isn’t the best case, your client isn’t the best person, etc.  However, don’t concede something that will hurt you in the long-run. 

 

• Eliminate Personal Pronouns.  Never say “I believe,” “I think,” etc.  If you would like to argue something, just do it and don’t weaken the point by qualifying it.

 

• Don’t Be Afraid of Silence.  If you’re thinking about a question, look thoughtful, take a moment, and then respond.  You don’t get points for shooting off answers as fast as possible, and a moment of careful consideration will both flatter a arbiter (because their question is obviously the most difficult you’ve encountered), and give you a moment to figure out where the line of questioning is going.

 

• Never Interrupt a Arbiter.  Let them finish their question before even opening your mouth.  Period. 

 

• Teach the Arbiters.  You know the issues and facts better than they do.  Use your time to educate them, not merely pontificate what you think the result should be.  Lead them to conclusions by demonstrating the logical foundations of your arguments.