by Prof. Adam Eckart

In the Broadway blockbuster, Hamilton, Alexander Hamilton praises Aaron Burr’s trial advocacy skills in “Non-Stop,” a song where Hamilton describes Burr as “incredible in court; succinct, persuasive.” While these attributes – and others – make for effective litigators, such attributes are important outside the courtroom too. After all, effective oral advocacy isn’t just for litigators.

Because many first year legal research, writing and oral advocacy courses focus oral advocacy instruction on oral argument exercises set in courtrooms and litigation-related assignments, many students don’t see the wider applicability of oral advocacy skills. After all, few litigators go to trial, and even fewer transactional attorneys, real estate attorneys, or trust and estate attorneys (to name just a few) set foot in a courtroom. Nonetheless, oral arguments are important exercises because the skills learned are transferrable to all practices. No matter what practice – or non-practicing role – lawyers have after law school, the skills learned in the oral advocacy segment of a first year legal research, writing and oral advocacy course are important for the following reasons.

1. Oral arguments help students become better writers. Talking through your arguments – whether to a colleague, a judge, or even yourself – can help solidify analogies, thesis statements, and other elements of writing. Preparing for a presentation allows an attorney to develop the theme of a presentation, establish an “elevator pitch” that informs an overview or roadmap paragraph, and consider how different pieces of research fit together.

2. Oral arguments help students become better public speakers. Delivering oral remarks – whether in court or outside of court – help students prepare for other aspects of their careers when they may be required to make presentations to clients, counterparties, or other audiences. Formal presentations, such as a presentation on a new law or regulation, and informal presentations, such as a phone call presenting research to a client or supervisor, are tasks that attorneys regularly complete that involve oral reporting and public speaking.

3. Oral arguments help students become critical thinkers. Responding to a judge’s questions may be terrifying to some students, but it helps students think about their case, their argument, and the relevant law. Similarly, attorneys presenting to clients, to regulators, or to general audiences may need to respond to questions or critiques about their argument, the law, or their reasoning. Oral arguments help students practice these critical thinking skills.

Students in my class will have the opportunity to practice oral advocacy skills in litigation (e.g., courtroom) and transactional (e.g., boardroom) settings. Giving students opportunities to practice oral advocacy skills in both litigation and non-litigation settings helps students develop oral advocacy skills, recognize the transferability of the skills (for inside and outside the courtroom), and demonstrate value in oral argument exercises – for all types of lawyers.

Adam Eckart is an Assistant Professor of Legal Writing at Suffolk University Law School. Prior to joining Suffolk, Professor Eckart practiced at Ropes & Gray LLP as an associate in the antitrust mergers and acquisitions practice and taught in the Lawyering Program at Boston University Law School.