Trial Advocacy Skills: How to Deliver an Oral Argument a Judge Can Follow
“A strong argument can die through weak presentation.” That line from Rule 10 of How to Become an Unbeatable Lawyer sums up why trial advocacy is a skill of its own. The book is careful about the balance, though. Rule 39 says “the argument comes first” and professional presence only carries it. Delivery can’t rescue a weak case, but it can make a sound one easier to follow.
Here is how the book’s rules translate into an oral argument a judge can follow.
1. Decide the destination before you start
In Rule 16’s commercial-case example, a lawyer spoke at length about a breach of contract until the judge asked: “What are you seeking now: termination, performance or damages?” Another lawyer began instead with “I seek an order requiring the defendant to perform, and alternatively damages. I will explain the basis of each request.” The court knew from the start where each piece of evidence was leading.
2. Open with your strongest point
Rule 12 says the opening “is not a preamble. It is a decision.” In a property action, one lawyer delivered an elegant speech about justice and constitutional values. His opponent stood and said: “Your Honour, the other party has acknowledged my client’s ownership on page four of their own pleading. That alone is sufficient.” The rule’s advice is to begin with one argument, choose a point that needs little explanation, and start with what your opponent can’t deny. The point must be real, though, because “the judge distinguishes strength from noise.”
3. Slow down
Rule 26 recounts a judge telling a hurried young lawyer, “Slow down. No one is chasing you.” Take a deep breath before you begin, pause for a second between sentences, and remember that being concise doesn’t mean speaking faster. As the rule puts it, “Hurried speech tries to survive.”
4. Give your words weight, not volume
Rule 22 contrasts a lawyer who shouted, and was told “If you do not lower your voice, I shall raise mine”, with one who said quietly, “Your Honour, this document alone is sufficient to defeat the claim.” The practical advice is to lower your voice for the most consequential points, slow down when stating the relief sought, and let pauses add weight.
5. Use the pause deliberately
Rule 5 treats silence as “an invisible weapon”, but only when it comes from preparation. In the book’s will-dispute example, defending counsel let a long attack run its course, paused, and then simply read the will’s explicit provisions aloud. When you need time, say so professionally: “That is an important question, Your Honour. I would like a moment to answer accurately.” Then actually take the moment.
6. Never leave the judge’s question unaddressed
Rule 47 describes a simple question, “Why did you not attach the payment receipt?”, answered with “I did not notice…”. The record then noted that counsel was not ready. Anticipate questions, use phrases such as “The papers establish that…”, and if you don’t know, say so precisely and ask to consult the file. Never invent an answer.
7. Close cleanly
Rule 6 warns against spoiling a clear argument with an unnecessary summary: “Build first, close clearly, and stop when the thought is complete.” If procedure gives you the last word, Rule 7 advises using it “to close a gap or establish the essential point”, without assuming that the last person to speak decides the judgment.
8. Persuade, don’t perform
Finally, Rule 40 reminds advocates that heightened emotion can attract attention but can’t make up for weak grounds or evidence: “The court is a place for persuasion, not performance.”
Practise one rule at a time
Pick one of these rules for your next hearing or moot, then note what changed. Law students can start with our tips for law students.