Questions from the bench can help you assess your case, chances

Lawyers' Forum

By Kirk C. Jenkins

Kirk C. Jenkins is a partner of Sedgwick LLP, where he chairs the firm’s appellate task force. He has served as appellate counsel in approximately 200 appeals and petitions for interlocutory review in state and federal courts across the country.

Posted February 16, 2017 2:36 PM

It’s universal among appellate specialists — we want as many questions as possible at oral argument. Nevertheless, many lawyers insist that nothing can really be gleaned from the argument about the likely result.Some say the justices are playing “devil’s advocate” or trying to persuade their colleagues. They insist that even a skeptical-sounding question from one justice or another doesn’t necessarily mean that he or she is leaning against one’s position.During the past dozen years …

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