I’m arguing in the Appellate Division tomorrow. Before we wrote this thing, I basically told the Partner and the Client that our position was completely wrong. No one wanted to hear it. Now, I’m the one being asked to argue the appeal tomorrow and 1) I feel horribly unprepared and 2) feel like I’m being hung out to dry. Any words of encouragement?

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Your dilemma isn’t as uncommon as you think! Advocate for your client, but remember that this is your professional reputation, so don’t commit to anything you feel is outright untruthful or misleading. Concede and distinguish. Concede and distinguish. When all else fails, throw out a policy argument. The justices know you’re just there to do your job.

likehelpful

Think of it this way - you know all of the counter arguments someone can make against you. Now, just argue the other side.

You are being paid to represent your client to the best of your ability. This isn’t about whether the position is right or wrong. It is about doing your best by your client and doing your best in a difficult situation.

Finally, deep breaths and standing in the power position (shoulders back, hands on hips) will give you confidence. Look at yourself in the mirror like Superman before your argument and tell yourself that you can do it!! (Sounds stupid, but I swear it works!)

You can do this!!!

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Practice. It will help you fake it.

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