Wednesday, February 3, 2010

Here's an example of how not to prepare for oral argument

Although not a legal argument, this video clip does feature an oral argument by two attorneys seeking investment capital on a reality television show called "The Shark Tank."  I admit I'd never heard of the show before seeing it mentioned on ATL but since watching an episode on Hulu, this might become a new guilty pleasure.  The premise of the show is that entrepreneurs seeking financial capital face a panel of very successful investors who will put up their own money if they deem the contestant's venture worthy enough.  Because the panelists are prepared to make a personal investment in these businesses, they ask a lot of tough questions and it quickly becomes clear who has a well prepared proposal and who doesn't. 

With respect to the latter, he's the clip of a husband and wife lawyer team pitching an idea they have for a franchise called "The Legal Grind" that's a coffee shop where the middle class can get inexpensive legal advice.  They make just about every mistake students (and lawyers) are supposed to avoid during oral argument including not knowing their "case" very well, not anticipating the panel's questions, and becoming defensive and confrontational in response to questions.  For those reasons, it might make a good training tape to teach law students how not to handle questions from the bench during oral argument.  Bonus points for spotting the potential ethics violations "The Legal Grind" franchise might cause:

Hat tip to ATL.

I am the scholarship dude.

(jbl)

http://lawprofessors.typepad.com/legalwriting/2010/02/heres-an-example-of-how-not-to-prepare-for-oral-argument.html

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