Supreme Court Oral Argument Attorney
When the United States Supreme Court grants certiorari, the case proceeds to the merits stage, the most demanding phase of the appellate litigation process. The merits brief must persuade nine Justices that the law requires reversal. Oral argument before the Court demands the ability to answer any question, on any aspect of the case, in thirty minutes or less. A Supreme Court oral argument attorney who has stood at the lectern at the United States Supreme Court knows exactly what that requires.
The Law Offices of Beau B. Brindley has argued before the United States Supreme Court, and our practice covers both merits briefing and oral argument in federal criminal cases. Call 312.765.8878 to speak with a Supreme Court oral argument attorney who has achieved success at the highest level.
The Merits Brief — Writing for Nine Justices
A Supreme Court merits brief attorney must satisfy Supreme Court Rule 24, which governs the content and format of merits briefs on the merits. As noted in Rule 24, the brief must state the questions presented, identify the parties, and set forth the constitutional and statutory provisions involved. It must also state the case and facts, and present the argument. Merits briefs are subject to a 15,000-word limit for opening briefs and 9,000 words for reply briefs. Every word must earn its place.
Strategic Approach to Supreme Court Briefing
Oral argument at the Supreme Court is a unique form of advocacy. Each side receives thirty minutes to present their case. The Justices then begin asking questions. A skilled Supreme Court criminal appeal attorney does not deliver a prepared speech. Instead, they engage with the Justices’ questions, concede points where necessary, and use every minute to advance their most compelling arguments. Preparation involves hundreds of hours of moot court practice, anticipating questions from every Justice’s perspective, and mastering every page of the record and every relevant case.
What Happens After Oral Argument?
After the argument, the Justices convene to deliberate and vote. The senior Justice in the majority assigns the opinion to one Justice for drafting. Opinions are subsequently circulated among the Justices for comment and revision before being issued. Supreme Court opinions, whether reversing or affirming, become binding law in every federal court and in every state court on questions of federal law. A federal merits brief attorney who successfully argues at the Supreme Court creates law that affects every criminal defendant in the country.
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Supreme Court Practice Areas
Frequently Asked Questions — Supreme Court Merits and Argument
What is the difference between a cert petition and a merits brief?
The cert petition asks the Court to take the case and argues that the case presents a question important enough to warrant review by the Supreme Court. The merits brief argues the substance of the case, telling the Court what the correct legal rule is and why the petitioner should win. These are two distinct documents with different audiences and different purposes. However, an effective Supreme Court oral argument attorney must excel at both.
How long does the Supreme Court merits phase take?
After certiorari is granted, the case is typically briefed and argued within the same term. The petitioner’s merits brief is due 45 days after the order granting certiorari. The respondent’s brief is due 35 days after the petitioner’s brief, with the reply due 21 days after. The case is then set for argument, usually two to three months later. Opinions are issued before the end of the term in late June or early July.
Can outside organizations file briefs in my Supreme Court case?
Yes. Amicus curiae, “friend of the court,” briefs can be filed by organizations and individuals who have an interest in the outcome but are not parties to the case. In high-profile criminal defense cases, some organizations, such as the National Association of Criminal Defense Lawyers and the ACLU, regularly file amicus briefs supporting defendants. Successful Supreme Court brief writing Chicago strategy at the merits stage often includes coordinating with potential amicus filers.
What are the chances of winning at the Supreme Court merits stage?
When the Court grants certiorari, it is because the Justices have identified a question they want to resolve. This means the outcome is genuinely uncertain in many cases. The petitioner, the party who sought review, wins in the Supreme Court approximately 60-70% of the time when the Court grants their petition. This is significantly higher than the grant rate itself, which is approximately 1%. Therefore, having a SCOTUS criminal defense lawyer who can maximize the chance of a favorable outcome at both stages is essential.
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Getting to the Supreme Court is rare, and winning is even rarer. As a Supreme Court oral argument attorney who has argued before the Court and filed Supreme Court merits brief attorney level briefs, The Law Offices of Beau B. Brindley brings the highest level of appellate advocacy to your case.