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14.6 PROFESSIONALISM

Naturally, you will treat the court and your opponents with respect at all times. You may certainly address a judge as “your honor,” but it is more realistic, and more effective, to use names.

Ask the bailiff if there will be name plates, or if he or she can tell you who will be sitting where. Of course, it is much better to call a judge “your honor” than to use the wrong name; one of the counsel for the Florida secretary of state provided an unintended moment of levity during the 2000 election oral arguments by addressing Justice Stevens — twice — as “Justice Brennan.” Justice Brennan had retired from the bench in 1990 and died in 1997.

You should dress professionally, as well. My general guideline is to dress as if you are interviewing for an important job. Unfortunately, your choices are rather limited; you are expected to wear conservative colors, with no distracting accessories. You may decide that personal choices of this kind are important to you, and so you may wish to push the envelope a bit. As long as you look professional, most reasonable judges will not change your score for this type of choice. Some judges may, however, want to discuss your appearance during the critique. If this happens, listen respectfully, thank the judge for his or her opinion, and then continue to make your own decisions. This advice holds true for the entire critique. As long as you are polite, you may certainly ask a question to clarify advice that a judge gives you, but it is both unprofessional and fruitless to argue with the court on a point of law or a method of presentation.

Finally, you must deal with your opponents professionally. Before the argument, it is courteous to introduce yourself, shake hands, and wish them luck. After the round, you should shake hands again and congratulate your opponents before conducting any private postmortems with your coach or teammates.

Whatever the result of the round, accept the news with dignity. If you win, don’t highfive your teammates or shoot your fist into the air. If you lose, don’t lay your head on the table (as I have seen people do!). Again, shake hands with your opponents, congratulate them on a job well done, and wish them luck or accept their good wishes, as appropriate.

Through my many years of coaching I, alone, have gained this unique insight: People do not like to lose. In every competition, every team but one has to lose at some point. It is all right to feel bad when you lose a round or are eliminated from a competition. But don’t get carried away. Don’t berate yourself, your teammates, or your coach. Some postmortem analysis is to be expected, and may be helpful, but postmortems are best in moderation. Especially if you lose in a preliminary round, don’t let it knock you for a loop, for you may still advance in the tournament. If you get too upset over an early loss, however, you may hurt your performance in a later round, ensuring that you are eliminated from the competition.

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Source: Beazley Mary Beth. A Practical Guide to Appellate Advocacy. Fifth Edition. — Wolters Kluwer Law,2018. — 475 p.. 2018
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