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The Mississippi Lawyer Summer 2015 19 Interview with Chief Judge L. Joseph Lee ple of a close question. If it is a clear-cut matter of law if it is a time bar if it is something that notwithstanding good or bad writing is clearly a matter of law then we are going to follow the law. But in these other instances where there can be a misrepresentation of factual issues good brief writing can carry the day. MC How important is oral argu- ment JL Some would say not at all. I have heard some judges say they do not care for oral argument. However I think in certain instances it can be very benefi- cial. Let me tell you how. First of all these cases are real and they affect peo- ples lives. And they want their side of the story to be heard all the way through. Second of all lawyers have a tendency to cram lots of things in a brief whether they are meaningful or not. When those lawyers who have as we say shot- gunned the issues are put to the task of defending these issues in oral argument they soon realize the fallacy of their argu- ment. And their clients who have every- thing at stake in this have an opportunity because of the dialogue between the lawyers and the judges to have a better understanding as to why their case was ruled on the way it was. MC Would you share some recom- mendations for presenting a good oral argument JL You have heard of Ps and Qs well lets just call this remember the Ps. First of all I would say be prompt. We have had occasions where oral argument was delayed because the lawyers were not present either being tied up in traffic or some other reason. Now it does not hap- pen often. But I would first of all say be prompt in not only submitting your briefs but in attendance to Court do not be late and cause the system and all else to be unduly delayed. Be prepared. It is disheartening to hear a lawyer stand up in oral argument and say Well your Honors I am here today but did not have anything to do with this case at the trial stage I am just here on the appellate level so I do not know about this or that. It is absolutely disheartening to hear the lawyers say they do not know about the law regarding their case rest assured you are going to be asked. You are going to be asked about the facts as well. So as any good scout will tell you always be prepared. Now what is another P I can use I would say be persuasive. I find some lawyers are more persuasive in their argument because they truly believe in the case. It is readily apparent to members of the Court when lawyers strongly believe that they are right in their positions and vigor- ously defend those positions. What else could I say that is a P Well I would like to say be polite. I do not know how many people have ever bothered to look up the definition of politeness but I can assure you that if you are polite you are going to encompass the entire spec- trum of being a good person. Politeness means showing good manners showing respect for other people simple courte- sies and deference to the Court. So lets recap. Lets take four Ps be prompt be prepared be persuasive and be polite. MC What is the most common mis- take you see in oral argument JL That is easy. The common mistake is being unprepared because we judges are going to be prepared. We have read the briefs and the record and more often than not we are more familiar with it than sometimes the lawyers are. Also know the law. Because we are going to research it and when we come to oral argument we are going to know what the law is. How do you expect to convince us if you do not know the law So I would say be prepared to defend your position by fully knowing the facts of your case and the applicable law. MC What is the best use of rebuttal time in oral argument JL Exactly what it says rebut the appellees argument and keep it confined to that. Do not go back repeating what you have already said ten times over. Once the appellant presents their case and the appellee gets up and presents their case then rebuttal should be confined to any statements or anything that was said during the appellees argument. MC What is the most serious chal- lenge to our justice system today JL Succumbing to political influence. It is sometimes difficult to follow the law and to maintain the separateness of the judiciary when you are confronted with overwhelming political pressure to the contrary. But it must be done. It must be done to preserve the integrity of the sys- tem of the law and the preservation of a fair just and democratic society. MC Judge Lee thank you very much for your time.This concludes our interview. I