Preparing for Moot Court

By Brendan Horgan

The suit is pressed, the hair is perfect, the shoes are shined, and your notes are impeccable

A moot court argument is a mock appellate argument. The lawyer stands behind a podium and advocates to a panel of judges. During the advocate’s arguments, the judges can interrupt and redirect the conversation with questions. So, a lawyer can never be 100% prepared for a moot, because after all, who knows what the judges will ask?

A prepared advocate will anticipate the questions. By knowing the case law inside and out, a prepared advocate becomes an expert on the field being discussed. So, the advocate must prepare for the unknown by mastering the subject matter, and conducting practice arguments. Practice arguments get the advocate accustomed to thinking on their feet.

To paraphrase Supreme Court Justice Anton Scalia, “Appellate advocacy is simply one lawyer attempting to educate other lawyers on a particular area of the law.”  So, in preparing for your argument, you must learn the applicable law and cases in a way that you can explain them to other people. Think of your argument not as a speech, but as a lawyer sitting at a table with other lawyers discussing the law. Your job is to keep the conversation travelling in the area you desire. The judges can ask any number of potential questions, but you must be able to answer their question in a way that brings the argument back to your major points.

There is nothing like the impending feeling of a pressure packed oral argument. A law student advocate is consumed in the days leading up to the big event. Thousands of potential scenarios are running through the advocates head. The key to success relies heavily on preparation. Preparation breeds confidence, and confidence leads to success.