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Written Advocacy

Monday, June 08, 2026 9:40 AM | Anonymous

Master the Craft of Legal Writing | BCGSearch.com

In arbitration proceedings, has written advocacy overtaken oral advocacy in importance? As hearings become more streamlined and tribunals increasingly rely on pre-hearing submissions, are advocates winning cases before the hearing even begins?

What are your thoughts?


Comments

  • Monday, June 08, 2026 12:25 PM | Jack Levin
    A good advocate should be trying to win the case at every stage. Waiting until the hearing to put the client's best foot forward is often not a good strategy. Lawyers tend to want to hold back and create surprise. That's truly a two-edged sword.
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  • Monday, June 08, 2026 12:30 PM | Stanley Santire
    Ass an advocate, I want to make as good an impression as I can as early as I can so written advocacy is very important and worthy of my effort. However, as an arbitrator, I look to both the written case as well as the oral advocacy. I do not see them as either/or. rather as complimentary. While increasingly attorney prefer the written presentation, I sill prefer both.
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  • Monday, June 08, 2026 12:50 PM | Langfred W White
    As is true for many such questions, the answer is sometimes yes and sometimes no. One cannot decide a case until the end, but a well reasoned brief helps focus where counsel is trying to go and a good closing reinforces that party's position.
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  • Monday, June 08, 2026 1:33 PM | Christopher Johns
    Both written advocacy and oral advocacy are equally important and impactful in arbitration proceedings. Pre-hearing submissions do not win the case before the hearing begins, but good written advocacy in pre-hearing submissions can shape the arbitration hearing from the arbitrator's perspective.
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  • Monday, June 08, 2026 1:44 PM | Marc Elliott
    As an arbitrator, I do not consider written submissions or hearing presentations to outweigh each other, but rather view them as two parts of the entire presentation. Certainly, a well presented written submission before or after the hearing can be very effective, but that is not always the case. When a party presents their case, effectively and coherently at a hearing that can be extremely powerful too.
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  • Monday, June 08, 2026 1:55 PM | Robert L. Arrington
    It all depends on context. Sometimes there is no substitute for seeing and hearing witnesses. Good briefing is frequently valuable; it is not always, or even usually, everything.
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  • Monday, June 08, 2026 1:56 PM | James E. Fitzgerald
    I believe that oral advocacy is as important as ever, especially when the arbitrator is able to engage counsel and focus them, and get responses to focused questions, and explain their reasoning. I find that written advocacy has taken a negative hit over the past 20 years with advocates not having organized, crisp, well-written briefs, which leads the reader to conclude that they have not carefully thought through their case and focused on the most important issues and analysis. Good written advocacy is something to be valued, but not at the expense of good oral advocacy.
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  • Monday, June 08, 2026 2:43 PM | Raoul East Drapeau
    The hearing is where documentary advocacy is put to the test. If it doesn't hold up under examination, then eloquence alone won't be enough to make the case. The document is important, but the orator can still win the day.
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  • Monday, June 08, 2026 2:48 PM | Marty Coleman
    I am often surprised what a poor job advocates do with their written submissions. They often include so much detail that the written submissions fail to provide a clear roadmap for how they win their case.

    I agree that both oral argument and written submissions are helpful but the written submissions should be an outline showing how the evidence matches the causes of action and should include a clear summary of the damage model.
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    • Thursday, June 11, 2026 12:49 PM | Lisa Renee Pomerantz
      I too am often disappointed by the quality of written submissions, finding that they often skirt rather than address key issues, especially if they are thorny. This often necessitates requests for additional submissions or briefing on those key issues.
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  • Monday, June 08, 2026 6:41 PM | Howard Edelman
    Not really. It is all subject to proof though it may streamline the issues before the arbitrator.
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  • Monday, June 08, 2026 9:44 PM | Gary Javore
    Written submissions help frame the issues but the evidence in the hearing forms the basis for the award.
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  • Monday, June 08, 2026 10:14 PM | Judge Richard B Klein (ret.)
    Generally, the lawyers that win cases are the ones with good cases. If the facts are well spelled out in the written submission, that often is what affects the arbitrators. But like most answers (given by a retired judge), it depends.
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  • Monday, June 08, 2026 10:31 PM | Karl Sieg
    Oral in-person only!
    Eyes and body language and voice tell the truth.
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  • Monday, June 08, 2026 11:24 PM | J W Cartagena
    The arbitrator’s task is to ascertain facts, whichever way they are properly presented.
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  • Tuesday, June 09, 2026 11:28 AM | John Shope
    A well-organized pre-hearing brief with a crisp fact summary, citation to key documents and anticipated testimony, and citation to key legal authorities certainly helps to persuade me. Obviously, the testimony needs to hold up.
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  • Tuesday, June 09, 2026 12:17 PM | Laura Athens, Esq.
    Written advocacy and oral advocacy are equally important. As an arbitrator, I appreciate receiving a concise written overview of the case prior to the arbitration hearing. I also believe that an opening statement sets the stage for the hearing and can be very persuasive. I think it is a mistake for one party to waive or delay making an opening statement if the other party chooses to make an opening statement.
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  • Wednesday, June 10, 2026 6:59 PM | Carol Davis Zucker
    The evidence, particularly the testimony of the witnesses, is the most important. The written briefs, pre- or post-hearing, are helpful if they help focus the issues.
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  • Friday, June 12, 2026 7:46 AM | Edwin H. Stern
    Oral advocacy and written advocacy are both important, and I cannot single out which is more important. A good prehearing written submission helps the arbitrator learn what to look for and focus on during the hearing. Oral argument with a well focused non-rambling opening and closing argument and the written summation are similarly critical with respect to focus, and oral summations and argument should help the arbitrator appreciate the relevance of the advocate’s case. Significantly, as in any case, oral argument can also benefit an advocate who listens carefully to what an adversary is asked and understand what the judge/arbitrator may be concerned about, but it also gives an opportunity to answer what has been misstated or omitted by the adverse party.
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