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News Detail
Chicago Partner Quoted in Article Discussing Decline in Oral Advocacy
October 2009
Chicago Partner Kirk Jenkins was quoted in the Law 360 article "Appellate Attorneys Bemoan Decline in Oral Advocacy." In the article Mr. Jenkins attributed the decline in oral argument to a change in judicial culture that places more value on briefs than it has in the past.
“I get the sense a lot of the time that judges are testing draft opinions or bench memos,” Jenkins said. Attorneys were divided on what the drop might mean for the future of appellate practice. Jenkins said the increasing emphasis on written briefs has caused a decline in the quality of oral argument at the appellate level. He said that trial attorneys who haven't had many chances to argue in appeals courts may not have the necessary skills.
“What I see most frequently is people giving their jury argument,” Jenkins said. A good appellate lawyer, he said, frames the case in terms of its broad relationship to existing law, and ideally brings a fresh perspective to it. Jenkins also said that the decline in oral argument hurts the credibility of the legal system. “In the situations where you don't have an oral argument you get a decision without ever having one-on-one contact with the decision maker,” he said.
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