7 Tips to “Slay” your Oral Argument

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By: Colin Black

Oral arguments are fast approaching and anxiety may be along for the ride. Indeed, public speaking tops the list of life’s greatest fears. Americans are more afraid of public speaking than ghosts, zombies, bugs, snakes, flying and drowning. Notwithstanding these fears, effective and persuasive speaking is a game changer.
Here are 7 (non-exclusive) Tips to Effective and Persuasive Speaking that will help you perform well at your oral argument.

1. Begin with the end in mind. A critical part of effective and persuasive speaking is understanding your message. As the expert, you need to focus on why you are giving your speech (or presentation) and make sure your why is relevant. What is the message you want to convey? What do you want the audience to do at the conclusion of your presentation? Are they to take some action? Knowing what you want to convey will help you narrowly tailor your presentation and keep it relevant for your audience. For your oral argument, you should summarize your why in the roadmap/introduction section of your argument.

2. Believe in yourself. Be confident that you have the right to present your message. Believe that you know the message, are enthusiastic about it and have the skills to wow your audience. If you have a firm grasp on the facts of your case and the facts, holding and reasoning of the precedent cases, then you will feel more confident in your presentation. Try to psych yourself up right before your speech or presentation with positive self-affirmations — telling yourself that you have the power, intellect, energy and knowledge to relay the information to your audience.

3. Believe in your message. If you don’t believe what you are trying to convey, then your audience will not buy in. You not only lose your audience but also your credibility. Demonstrate reasoned passion for your message and your audience is more likely to buy in to your message. What is at stake if the court rules against you? What are the public policy reasons the court should rule in your favor?

4. K.I.S.S. – Keep it Simple Stupid. This does not mean that your message has to be simple-minded. This means that your presentation has to be clear, concise and understandable. Don’t overload your argument with legalese or complex analogies. Focus on your message and deliver it in simple and understandable terms. More is less.

5. Know your audience. Knowing your audience is important because you must tailor the presentation of your message accordingly. You would not give the same presentation to your classmates as you would a judge or senior partners at a law firm. You must understand who your audience is, what the message may mean to them, and tailor your presentation to ensure that your audience “gets” your message. For oral arguments, you are not only a persuader but also a teacher. The judge will not have the in-depth knowledge of the facts and law that you have, so you will have to educate the judge without sounding condescending.

6. Engage your audience. Keeping your audience’s attention is very important. If you do not, then you have not successfully relayed your message. Some tools that you can use to keep your audience engaged include (a) converse don’t lecture, (b) answer the questions from the judge, (c) use metaphors, and (d) speak with passion, energy, and enthusiasm. Energy and enthusiasm are absolutely necessary to keep your audience engaged. It is important that you demonstrate this enthusiasm right out of the gate. Get yourself geared up with a pre-game routine and then express your energy through your impassioned argument.

7. Practice – Practice – Practice. Finally, and most importantly, you MUST practice your argument. I don’t mean read the cases and think about what you want to say. I mean, actually perform your argument several times before the “big show.” Ideally, you will want to do this in front of friends, family or colleagues – and seek feedback. I also suggest that you record each your practice rounds, review the video and self-critique your presentation style.

It is important to remember that no advice will prevent you from being nervous at your next public speaking event. Even the best public speakers will admit to being nervous before going on stage. The goal is to harness that nervous energy and use it to provide a powerful and meaningful presentation.