What makes appellate judges change their minds at oral argument? Judge Robert Bacharach of the 10th Circuit tells Jeff Lewis and me that judges can hear the same arguments with fresh ears.
For example, arguments may have been unclear, and oral argument is an opportunity to make it clearer.
Or your brief raised too many arguments and confused the reader, and oral argument may allow you to focus on your best argument.
Watch the clip here.
This clip is from a June 2021 interview in episode 12 of the California Appellate Law Podcast here.
Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at firstname.lastname@example.org or (714) 641-1232.