In Recess #2: #BadLawyerGate
on Aug 7, 2017 at 8:33 am
This week’s episode was originally a “bonus” episode exclusively for our premium supporters, but we decided to unlock it for all our listeners in honor of our new partnership with SCOTUSblog. In the episode, prompted by a tempest arising out our comments about advocate quality on an earlier show,we talk about the problem of unprepared counsel refusing to give up Supreme Court oral arguments to more experienced attorneys. We discuss why the problem exists, the ethical conundrums it creates, and what, if anything, can be done to fix it. The best part of the episode, though, is an interview with legendary Supreme Court practitioner Lisa Blatt, who at the time of recording was sitting on an unbelievable 32-2 record in argued cases in the Supreme Court, and who has since then improved to an even more mind-boggling 33-2. Lisa explains her unorthodox argument preparation techniques, helps us understand why she’s been such a consistent winner, and offers her thoughts on the problem of unprepared oral advocates. We had a great discussion, and you won’t want to miss it.
