Oral argument is an integral part of the judicial process. Before the advent of case law and written opinions, lawyers relied primarily on oral argument to advocate for their clients. Today, judges and lawyers alike will tell you that the legal briefs, i.e., a lawyer’s written arguments, are more important than oral argument. This explains why judges are more and more likely to issue opinions or rulings without holding oral argument. The following, however, are reasons in favor of preserving the time-honored practice of oral argument.
Promoting Transparency and Accountability
Oral argument, which is typically a public proceeding, gives the judicial process an aura of transparency and accountability. Lawyers’ written briefs are not always easily accessible. Members of the public however are generally able to attend hearings and observe the legal system at work. This “visibility” enhances the public’s trust and confidence in the judicial system by demonstrating that judges’ decisions are made after careful consideration and open discussion.
Similarly, oral argument holds lawyers accountable for the positions they advocate. Lawyers must defend their arguments under direct questioning from the judge and in front of all those present in the courtroom, including other lawyers not related to their case. This serves to ensure that the lawyers’ arguments are based on solid legal grounds and accurate evidence.
All in all, the scrutiny that accompanies arguing in open court promotes a sense of trust in the process, while at the same time encourages quality legal advocacy by the lawyers.
Enhancing Judicial Decision-Making
Oral argument ensures the quality of judicial decision-making. Having read the lawyers’ briefs, oral argument gives the judge the chance to probe the strengths and weaknesses of each side’s arguments. Sometimes, the briefs alone may not adequately present the issues before the judge, either because the legal arguments are nuanced or there are ambiguities in the written briefs. The judge may ask questions to clarify or further understand the factual and legal issues of the case before rendering a ruling on those issues. Lawyers will address, in real-time, the insights and concerns of the judge with respect to the issues at hand, and, if necessary, pivot their strategies as needed. This process is especially crucial where the implications of the judge’s ruling may extend beyond the immediate case involved.
Advancing the Quality of Lawyers
Arguing in court requires thorough preparation by lawyers. Knowing they will need to respond to questions from the judge and defend their arguments, good lawyers are motivated to have a firm grasp of the facts of their case, master the relevant legal authority, and anticipate potential questions. Ideally, the written briefs should adequately and succinctly present the legal issues and the lawyers’ positions before the court. Oral argument, however, gives the lawyers an opportunity to further clarify complex legal concepts and persuade the judge of the merits of their positions.
The meticulous preparation lawyers undertake to prepare for oral argument and the skills honed during the argument itself—clarity, quick thinking, persuasiveness—significantly enhance the proficiency and quality of lawyers. Whether it is a lawyer’s first argument or not, there is always something to learn from that experience.
Oral argument also prepares the next generation of lawyers. The importance of an argument varies depending on the issues. A hearing on a discovery motion, although important, is not the same as a summary judgment hearing. Typically, a more senior and experienced lawyer will handle the summary judgment hearing, assuming one is held. If the court also conducts a hearing on the discovery motion, however, a younger or less experienced lawyer may have the opportunity to gain valuable experience. This is an opportunity that otherwise would not be available if the court decides to rule on the motion without a hearing.
Conclusion
Oral argument is a critical component of the judicial system. Witnessing lawyers advocate in open court for their clients epitomizes the judicial system in action. It is a vital and revered element of our legal framework. Rather than discounted, oral argument should be actively promoted and encouraged by judges and lawyers alike. Additionally, and on a personal note, oral argument may also serve as a profound source of inspiration, including, for example, to a young teenage boy, who, having witnessed an oral argument in court, was motivated to pursue a career in law himself.
