Changing the Other Guy's Mind: Appellate Advocacy
See Greg May on prepration for appellate oral argument today:
Appellate judges may have a draft opinion prepared, and may rarely change their minds due to oral argument, but — according to at least one justice I’ve spoken to — sometimes they are actually looking for the appellate advocate to give them a reason to change their mind.
So, hey Greg!! My readers, who are looking to change their opponent's case evaluation, would like to know your techniques for: (1)ascertaining what the appellate panel most likely wants to know; and, (2) addressing their concerns in a way that would allow the Justices to reach a decision other than the one they are leaning toward!
Victoria,
I'll be happy to offer some comments later this week. But one word of caution in the meantime: trying to tell what a justice is trying to accomplish through any given question is more art than science and nearly impossible in many circumstances.