New lawyers (and clients that might be attending) alike, may confuse the goal of oral argument, and expect to have the opportunity to address all points in their written pleadings at oral argument or a hearing. I have seen new lawyers get befuddled by the bench’s questions and attempt to continue arguing points in their prepared outline, rather than answer the Judge’s questions. Sometimes lawyers get to hit all the points in their prepared presentation (with a cold bench that asks no questions), but other times Judges have questions (a hot bench), and you should address them accordingly. After all, the goal is to get the win for your client, without alienating your audience. Give the Court what it wants.
