Drafting Oral Arguments

According to Justice John Laskin of the Ontario Court of Appeal there are seven guidelines counsel should use when delivering oral arguments.
1. Begin Well — The overview paragraph should tell the court in a nutshell what the case is about.
2. Point First — Always start with the point you are trying to make - not the details of your argument. Readers and listeners remember and absorb information better when they first know why it matters and how it is relevant.
3. The Right Spin — Although the appellate standard of review limits judicial intervention on findings of fact, the facts still matter a lot.
4. Know Role of Court of Appeal — The most effective technique for respondents is to show that the trial decision rests on findings of fact, and that these findings are reasonably supported by the evidence. To get the court to intervene, you must identify a major error that affects the justice of the case. In other words, satisfy the "who cares?" principle.
5. Anticipate the Court's Concerns — The most effective advocates are the ones who can notionally trade places with the judge, anticipate what is likely to concern the court and then provide a persuasive answer
6. Be Reasonable — Don't overstate your case because nothing will destroy your credibility more than overstating your position.
7. Polish Your Argument — Find the time to edit and rewrite your factum - clear thinking is the product of a lot of tinkering.