Oral Advocacy and Arguing in Law School

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Although shows like How to Get Away with Murder and Suits illustrate lawyers to be ruthless manipulative people who constantly fight individuals in courts, it’s important consider that the portrayal of law through the media is not very accurate. Whilst there is no denying that the legal field is demanding and stressful, it is not as cutthroat as Harvey Specter or Annalise Keating may have you believe.

Students in law schools spend most of their time doing research and writing, rather than oral arguments and debates. It might come as a surprise, but much of the legal practice involves tedious and repetitive tasks, most of which revolve around the practice of meticulous researching and writing (3). Majority of an individual’s first year at law school going to be spent learning about writing in an intelligible and articulate manner (3). A massive portion of the professor’s time is going to be spent teaching students to carefully dissect relevant information and analyse long and complicated cases. All the effort in 1L is meant for students to improve their ability to argue in the future. Students get to acquire the knowledge of evaluating strengths and weaknesses of specific arguments and gain an understanding of how to respond in an accurate and concise manner (3). This illustrates that law school does not put all its focus on traditional oral argumentation as portrayed by the media.

The preconceived notions about lawyers have created this stigma about introverted people, that they are foolish to go into law as a career. After all, it is much easier to write up a paper and submit it in a drop box than actively participating in oral arguments where one is tested on complex terminologies and theories, while dealing with intimidating doctrinal subjects. However, it is very possible for naturally quiet and socially anxious individuals to attend law school and make it through with flying colors. Being good at public speaking is a great asset, yet it is not a fundamental requirement for law school whatsoever (2). You are allowed to be your natural introspective self and take time to process and think.

Despite the great emphasis on oral advocacy in the media, many people who attend law schools and become lawyers, never actually even get to appear in court. Transactional attorneys, big law associates, government lawyers working for regulatory agencies, trust and estate lawyers, tax lawyers, and most in house counsel rarely need to speak in front of judges or crowds at all (3). In fact, most lawyers spend their time in front of their laptops and computers dissecting written material and writing emails, letters, and reports. Therefore, if you happen to be someone who shies away from public speaking, there are still plenty of opportunities for you in the legal field. Lawyers usually spend their time informing their clients what agreements or governmental laws require them to do, all of which is done over the phone, email or in small meetings (3).

Something to keep in mind, is that law values critical analysis via reading and writing over public speaking. Many people decide to go to law school simply because they think they are good at arguing, yet that should never be the sole reason. There is no doubt that lawyers are responsible for producing creative arguments to solve complicated issues, yet there is still much more to law than continuously arguing for the sake of arguing. The job of a lawyer is to be help everyone meet the goal of fairly deciding cases by working cooperatively with others. Choosing to argue by interrupting others, attacking other people’s perspectives, and openly displaying their anger and frustration are seen as a bad sign (1). Lawyers are expected to remain committed to resolving legal issues justly rather than creating more issues through pure self-interest (1).

That being said, many law students choose to get involved in extracurricular activities which encourage debates to build their confidence, whether that comes from volunteering for a legal clinic or partaking in Mock Trial competitions. When faced with the nerve-racking task of oral advocacy, it is important to remember that it is completely natural for you to feel jittery and nervous. Even if you happen to feel anxious, it does not mean that you are not fit to be a great lawyer. The best thing one can do in such situations, is to do their homework and come prepared. Numerous lawyers have said that preparation has been the key to their confidence and success (2). Therefore, familiarizing yourself with the case at hand, sending required documents before hearings, and being well rehearsed on what you are going to say will take you a long way in being more comfortable in front of crowds.

Endnotes

1. Brooke J. Bowman, Kirsten K. Davis, Lance N. Long, Jason S. Palmer and Stephanie A. Vaughan, “Oral Argument: The Essential Guide.” Stetson University https://www.stetson.edu/law/academics/lrw/media/Stetson-oral-advocacy-guide-.pdf

2. Heidi Brown, “Untangling Students’ Fears about 1L Oral Arguments.” Teach Law better, March 18, 2019. https://teachlawbetter.com/2019/03/18/untangling-students-fears-about-1l-oral-arguments/

3. Stephen Metellus, “Does Law School Teach You How to Argue.” The Art of Law School. https://theartoflawschool.com/does-law-school-teach-you-how-to-argue/

Author

Myra Mansoor

Director of Research at Pre-Law Shadowers