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Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine Sep 2015

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Samuel J. Levine

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …


Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr. Dec 2014

Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr.

Louis J. Sirico Jr.

In contrast to an earlier era, today’s oral advocate can expect Supreme Court justices to start asking questions earlier and often. Consequently, the advocate should expect to launch the argument with only a few sentences before the questions begin. These critical sentences offer the brief opportunity to introduce the theme of the subsequent argument. Advocates in other “hot bench” courts face the same challenge.
Our study of opening statements in Supreme Court oral arguments finds that the statements have one of three themes: a conventional legal argument, a policy argument, or a narrative argument. The conventional legal argument is the …