Carlton Fields Shareholder and business litigator, Mark Neubauer, authored an article for the ABA Litigation magazine, “The Disappearing Oral Argument.” Neubauer analyzes the trends of courts preferring “the nonconfrontational determination of legal victory based just on written submissions. Oral argument, which requires the
great skill that epitomizes being a lawyer, is being lost, going the way of the typewriter and the telephone landline.”
In his article he notes: “In the last tabulation in September 2020, in all of the federal circuits, only 19.3 percent of the cases decided had oral argument. Just 5,817 cases of the total of 32,796 cases decided on the merits actually had an oral argument.”
READ the full article.