Bar Bulletin

Bar Bulletin

always Appealing: Video Remote Argument - Best Practices

December 2020 Bar Bulletin

By Catherine W. Smith

Over the summer, I had the pleasure of joining several of my appellate colleagues across the country, all Fellows of the American Academy of Appellate Lawyers, on a task force that drafted a set of proposed “best practices” for remote video argument. This article is devoted to some of those recommendations, slightly edited for this publication.

Introduction

The opportunity to be heard is a bedrock principle of due process, and oral argument of appeals is one of the most important ways that we honor and achieve — and publicly demonstrate that we achieve — that fundamental goal. But disruption has been...

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