I have been practicing for nearly 40 years. During that time, I have appeared before dozens of courts and participated in or observed hundreds of arguments. I have had good days, and days where I was less effective. I have won arguments, and come in second. I have seen incredible lawyers, and those who were less impressive.

Recently, I had the privilege of observing the morning arguments before the 1st Circuit Court of Appeals. The quality of the advocacy ran the gamut.

Afterwards, I reflected on the common denominators for those arguments that seemed especially persuasive. These observations have equal force in any legal proceeding, and were a good reminder for me (and hopefully you) of what to do and not to do:

Arrive early. Unless you are first on the list, it is immensely helpful to see how the Court handles prior matters. This will allow you insight into how the Court likes to proceed and how active it is. And, arriving early allows you to catch your breath, calm you nerves, find the right courtroom, and get ready to go.
Frame your argument. Rather than jump into the meat of your argument on the assumption that the Court has full familiarity with the subject matter before it, remind the Court at the outset, in a few succinct sentences, as to the nature of the dispute and the precise issue which brings the parties before the Court.
Summarize what you want the Court to do, and why, and then roll into your arguments.
Know your case inside and out. It detracts when the Court asks the basis for a statement, and counsel can only offer “I don’t recall offhand but its in our papers.” Organize your papers – nothing shows lack of preparation more than flipping through files looking for something, especially when, ultimately, you cannot find it.
Don’t read or memorize your argument. You need to be facile, especially with an active Court. Repeatedly, lawyers stumbled when the Court asked a question that did not follow the order of argument that counsel had planned for their presentation. You need to be able to address the question, and then turn back to your spot in the presentation or pivot to whatever issue it was that the Court seems to be focusing on.
Don’t avoid answering hard questions. You lose credibility by trying to sidestep. If you have done your homework, you know what your weaknesses are and how to address them. Most courts do not like to ask the same question multiple times, and your unwillingness to respond simply reinforces that this is a “big” issue.
Referring to opposing counsel as “my brother” or “my sister” is just outdated. How about just “counsel”? Or, better yet, as the lawyers are the embodiment of the party they represent, how about using the party’s name or position in the case, i.e. Smith, Jones, plaintiff, defendant, appellant or appellee?
Argue in the style that is most comfortable to you. Do not try to mimic your opponent’s style (unless it is identical to your approach). If you are more lowkey, for example, that is fine. There is a time and place to be aggressive and show emotion, and it is up to you to argue in the manner that is comfortable to you.

Ultimately, each Court is different, each case is different, and each lawyer is different. However, the observations listed above should give you a solid framework for success.

Better yet, next time you observe an especially effective argument, take a moment to reflect on why it was so good and whether there are practice tips that you can incorporate into your own practice.

Attorney John H. Perten is a shareholder in the Boston office of Sheehan Phinney.