An exchange from CA5 oral arguments today:
Lawyer: Okay. I feel awkward walking away with some time, but I'm not going to waste your time.
Court: We feel grateful when you walk away.
Lawyer: I should have done it a little earlier.
Court: It's a sign of assurance. Thank you.
I remember one time where I had reserved time for rebuttal, but the panel spent the entire time my opponent was talking just eviscerating their position so hard that when my rebuttal time came I just said "if the Court has no further questions I'll yield." Fun feeling.
I have sat in court waiting for my turn, watched the same thing happen, and then watched in horror at the slow motion car crash of the second lawyer snatching defeat from the jaws of victory. It’s so important to learn to read the room and just shut up sometimes.
Feb 4, 2026 16:11
