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12 ¦ DECEMBER 28, 2020 NEWS

¦ From SUPREME COURT on PAGE 11 the Supreme Court. While it is a serious matter, they
speakerphone and felt very at ease talking “to” that are as human as you and are interested in what you
speakerphone during the argument. have to say.
Be concise. The justices have a very short time for
their questions, so when preparing for the argument >> Aaron Nielson, professor at Brigham Young
it is valuable to spend a lot of time thinking about University law school and a former clerk to Justice
the shortest possible answers that pack the biggest Samuel Alito Jr., argued Collins v. Mnuchin:
punch in the first sentence. At least for me, it’s hard to read the room without
There is usually an opportunity for a wrap-up seeing faces. So even in virtual moots, turn the cam-
minute at the end of your argument. If you pre-write era off and practice using your ears. It took longer
it, it helps to have a couple of versions on-hand so than I expected to get used to arguing that way.
that you can be responsive to what happened during The chief justice gives you an uninterrupted min-
your colloquies with the justices. ute to wrap up. An experienced advocate told me to
prepare a general outline of what to say during my
>> Jeffrey Wechsler, partner at Santa Fe’s Mont- minute but to not script it too much. It can be hard
gomery & Andrews, argued Texas v. New Mexico: for the listener to focus when it sounds like someone
I would listen to other arguments and especially is reading.
the virtual arguments. Being able to hear the ones in Telephonic argument can feel herky jerky because
May was very helpful to understanding the format. the topic can change a lot from Justice to Justice. I
You cannot practice enough because even if you couldn’t come up with a great way to prepare for that
heard the question a hundred times before, it’s help- other than trying to replicate it in the moots.
ful in relaxing you. In the virtual context, working
with the court to be sure your [phone] system works >> Krissy Nobile, Mississippi deputy solicitor
is absolutely important.
general, argued Jones v. Mississippi:
Make sure that the place where you are arguing This tip could apply generally, but I am making it
is some place that has the right feel. I did not argue specifically in relation to the court’s telephonic ar-
at my desk. It felt like that would be too everyday. guments. Practice (and practice more) being cut off
To create an environment that felt a little more seri- before you can finish your answers. It is of course
ous, I argued in my law firm’s conference room. My not only good to moot your argument in conditions
case was about the Pecos River. We have a huge TV similar to the real argument, but it will help make
screen in the room and on one half, I had a picture your answers more concise.
of the justices and on the other half, the river. It gave With telephonic arguments in the era of COV-
me something to look at. ID-19, listening becomes even more critical. Because
There’s a little temptation to have with you notes you are arguing into a telephone, you are unable to
and cheat sheets you might not otherwise have at see any body language cues from the Justices. So lis-
the court. Don’t give in to that temptation. You don’t tening to not only the actual words of the questions,
have time to look at them. but also to the tone and inflection with which the
Justices pose their questions will be beneficial.
>> David Finger of Wilmington’s Finger & Also with telephonic arguments in the era of CO-
VID-19, remember that the chief justice calls on each
Slanina argued Carney v. Adams:
Whether in person or by telephone, prepare, pre- justice to ask any question(s) he or she may have. Be
pare, prepare. There is no issue in your case too small prepared for how this can change the questions you
that it could not be the subject of a Justice’s question. otherwise might think and/or not think you will get.
And understand the weaknesses of your case and
have answers ready. Finally, don’t be overwhelmed >> Brian Goldman, partner at Orrick, Her-
or intimidated by the fact that you are arguing before rington & Sutcliffe, argued Pereida v. Barr:

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