13.9 PUBLIC SPEAKING TIPS

This point appears last because this chapter has already laid out the most important public speaking tips: Don’t read to the court, and maintain eye contact with the court. A fancy oratorical style is much less important to the court than your ability to display your mastery of the law and the facts of the case.

First, speak loudly enough and slowly enough to be heard and understood. Visit the court before the day of your argument to find out what kind of amplification system, if any, is in use, and how effective it is. If you see several arguments in which the court is easily able to understand counsel who speak normally in front of a microphone that is six to eight inches from them, you can presume that you do not need to hold the microphone up to your lips in order to be understood. Make sure, however, to adjust the microphone so that it is pointing at your face, rather than your shirt front or the air above your head. If you realize you are speaking too quickly, try to slow down. If this is not possible, try to pause briefly between sentences to give the judges a chance to catch up, and for the court to ask you questions.

Second, avoid distracting gestures, mannerisms, and dress. Most courts appreciate normal hand gestures. They are distracted, however, by both arms waving at once or by hands that go beyond the boundaries of the podium (e.g., pointing at the judges). You should maintain a professional posture before, during, and after your time at the podium. While at the podium, stay at the podium. Most judges (and court recording systems) expect that the attorney will stand behind the podium for the entire argument. In addition, it is good advice not to touch your face or your clothes: Don’t adjust your collar or tie, run your fingers through your hair, scratch your ear, or jingle the coins in your pockets.

The standards for dress vary somewhat from court to court and are constantly evolving. When you are a student, choices like this affect only yourself and perhaps your grade; in practice, they may affect your client as well. Your goal should be to dress professionally, in a way that will not distract the court from your message. You must determine how to meet that standard in your particular courtroom. You might want to take a look at your outfit in the mirror to see how it looks not only when you are standing still, but also when you are sitting, bending, moving, and gesturing. I once saw a student’s belly-button ring during an argument. I’m confident that it was not visible when she looked at her outfit in the mirror while standing still. Once she raised her arms, however, things shifted.

Third, just as you use sentence variety when writing, use vocal variety when speaking. Vary your speed and your tone of voice; don’t speak, for instance, in the monotone that the actor Ben Stein has made famous. You can pause occasionally to let an important point sink in. Likewise, if a point is important, speaking slowly will draw the court’s attention to it.

Finally, a word about your face. Realize that you are “on stage” from the moment you enter the courtroom until the moment you leave it. When you are at the podium, keep a poker face: Don’t reveal your feelings, even if you are upset or confused by a question. In law school settings, you probably did not choose which side to argue, but you must still act as if you are confident in your argument. Too often, I have seen students react to a probing question with a look that says, “You are right; I’m sorry that I’m on this side of the case.” Practice controlling your reactions now; the skill will come in handy in a variety of situations in which you have to project more confidence than you feel.

Remember also that the court can see you even while you are at counsel’s table, and act professionally there as well. Judge Wiener has aptly illustrated the unprofessionalism of an attorney who overreacts to his or her opponent’s argument:

Don’t “act out” while seated at the counsel table during your opponent’s turn at the lectern. Most judges resent being distracted by seated counsel’s body language and nonverbal comment — shaking or nodding your head, rolling your eyes, grimacing, squirming in your chair, and the like — in response to your opponent’s remarks from the lectern or our questions from the bench. Just sit still and pay attention to opposing counsel and the court. Likewise, don’t make a big production out of taking notes while your opponent is arguing. When you

must look at your papers or take notes, do so unobtrusively and discreetly.⁴³

Because your goal on oral argument is to convince the court to adopt your point of view, you must take pains at every stage of the argument to impress the court with your credibility and your professionalism.