In the shadow of Daniel Webster: arguing appeals in the twenty-first century.(reflections of former Solicitor General)

Journal of Appellate Practice and Process | September 22, 2001| | Copyright

It is natural--I suppose it is expected--for every Solicitor General to hold forth at some point during his tenure with pearls of wisdom on the Twelve Secrets, or Ten Commandments, or Five Essential Rules of effective oral advocacy. I have always been reluctant to do that. Sixty years ago, John W. Davis, a storied Solicitor General and a brilliant appellate star, observed that any lecture on the argument of an appeal should come from a judge, rather than from an advocate. As he explained, 

 
   Supposing fishes had the gift of speech. Who would listen to a fisherman's 
 ...

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