
Drawing from a rich and candid conversation among three distinguished North Carolina judges—the Honorable Robert Christopher Dillon (Chief Judge of the Court of Appeals), the Honorable Matthew Houston (Special Superior Court Judge for Complex Business Court Cases), and the Honorable Aaron Berlin (Superior Court Judge)—this article distills practical wisdom for attorneys seeking to elevate their courtroom presence and advocacy.
1. Preparation Is Power
- Judges can instantly tell who’s prepared and who isn’t.
- Thorough preparation builds credibility and confidence.
- Readiness includes knowing your case inside and out, anticipating questions, and organizing materials for easy reference.
2. Know Your Audience: The Judge
- Judges may not know your case as well as you do—start with a clear, concise summary of the issue before the court.
- Avoid diving straight into legal minutiae; provide context first.
- Tailor your presentation to the judge’s role (e.g., trial vs. appellate) and preferences.
3. Briefs Matter—Make Them Count
- Be concise and focused. Avoid unnecessary facts or overly long narratives.
- Highlight the key issue early in the brief, and lead with your strongest argument for why the court should rule in your favor.
- Use the brief to build your story but keep oral arguments sharp and issue-driven.
4. Credibility Over Combat
- Concede strong points from the opposing side when appropriate—it builds trust.
- Avoid unnecessary adversarial behavior or name-calling.
- Have professionalism and reasonableness in tone and demeanor, judges appreciate and expect this behavior.
5. Courtroom Comfort Comes with Experience
- Seek out opportunities to be in court—jury trials, hearings, calendar calls.
- Don’t underestimate the value of “reps” in building courtroom confidence.
- Surround yourself with mentors and colleagues who challenge and support you.
6. Use Technology Wisely
- Webex and remote testimony can be cost-effective but require preparation.
- Always test tech setups before court appearances.
- Maintain courtroom decorum—even virtually. Remind clients to present themselves professionally.
7. Understand Local Rules & Procedures
- Know that each county and court may have different filing, briefing, and scheduling rules.
- Build relationships with TCAs (Trial Court Administrators)—they’re invaluable resources.
- Familiarize yourself with the Business Court rules if applicable.
8. Preserve Issues for Appeal Thoughtfully
- Know your standard of review and tailor your arguments accordingly.
- Frame appellate issues clearly and avoid overloading briefs with irrelevant facts.
- Make it easy for appellate judges to rule in your favor—clarity and structure are key.
9. Be the Lawyer Others Want to Work With
- Litigation is inherently adversarial—don’t make it personal.
- Professionalism and courtesy go a long way in building reputation and resolving cases efficiently.
- Judges notice and appreciate attorneys who foster a respectful courtroom environment.
10. Take Advantage of Training Opportunities
- Participate in pro bono programs that offer oral argument experience.
- Watch oral arguments online to learn from others.
- Seek feedback and mentorship to continuously improve.
*This article is based on a panel discussion moderated by Jasmine Pitt of Akerman, featuring Chief Judge Dillon, Judge Berlin, and Judge Houston, held during the 48th Annual Meeting on Saturday, June 14, 2025, in Wilmington, NC.
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