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Definitely don’t do this at oral argument

By Terry Posey on November 20, 2020
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“You guys” is some easy vernacular for people of certain age groups (me included). But it should never be used to refer to the judges at oral argument.

A few years back, I had an oral argument at the Third District Court of Appeals in Lima, Ohio. The case in front of mine was a criminal suppression issue about whether the police appropriately entered the house without a warrant. Not having read the briefs, I thought the defendant’s counsel had a reasonable shot. But he kept saying “You guys should reverse the Trial Court’s decision,” and “You guys understand the binding precedent is….”

I watched the judges flinch slightly with each use. The argument eventually concluded, at which point the presiding judge said with a completely straight face, “The case has been submitted. We guys will issue a decision in due course.” I made eye contact with one of the other judges and we both burst out laughing.

A primary goal at oral argument is to appear competent in a way that gives your brief more credence. Referring to the judges in a casual way is going to cause you to be remembered for the wrong thing.

Photo of Terry Posey Terry Posey

Terry is an Ohio State Bar Association certified appellate specialist and a former Ohio Supreme Court clerk. He represents clients in all aspects of complex litigation, with a particular emphasis on the appellate aspects of those disputes. He has successfully argued in all…

Terry is an Ohio State Bar Association certified appellate specialist and a former Ohio Supreme Court clerk. He represents clients in all aspects of complex litigation, with a particular emphasis on the appellate aspects of those disputes. He has successfully argued in all 12 Ohio appellate districts and the Ohio Supreme Court.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Ohio Appellate Insights
  • Organization:
    Porter Wright Morris & Arthur LLP
  • Article: View Original Source

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