Haynes and Boone, LLP Partner Dan Geyser, chair of the firm’s U.S. Supreme Court Practice, appeared Feb. 13, 2023 on SCOTUSblog’s popular SCOTUStalk Podcast.
In an interview with SCOTUStalk host Amy Howe, Dan shared some of his tips for preparing for Supreme Court arguments. Dan has argued 15 cases before the Supreme Court, including two this term. He was named one of Law360’s 2022 “Appellate MVPs,” an honor awarded to only four lawyers in the United States.
Here are some highlights from the interview:
On moot courts: “I look at [moots as] about gathering information, testing themes to see if they resonate, especially finding out what some brilliant colleagues think about the case … What persuaded them? What didn’t persuade them? Where were they skeptical? What kinds of questions did they ask? The goal in argument prep in some ways is to hear every question at least once before you show up at the court.”
The hardest question: “The justices are brilliant. Inevitably, in every single argument, someone is going to ask you the very hardest question about your case … [Starting with the briefing of the case,] I think forward to the argument. You have to keep devising, amending, and modifying your core theory and adjusting your legal framing until you can answer that hardest question.”
Dan’s go-to screener: “The last thing I do [before arguments] is talk about the case with my wife. She is not a lawyer, but she is absolutely brilliant. I find it amazing that normally within three to five minutes of describing the case, she has put her finger on the key part of the case. To be able to explain [the argument] to someone who is not a lawyer … that really helps with making sure you fully understand the issues.”
Meal of champs: “I usually eat and drink the same thing [on the morning of an argument]: oatmeal and a banana [and] a mocha … I [later] get a Pepsi Max … Normally, I’m drinking it on the courthouse steps ...”
Advice for first timers: “Don’t forget to enjoy the process. For every case I get, I always think this could be my last case. It is not easy to get cases before the court ... Our main goal is always to advance the clients’ interests and win for the client. We are not doing this for our own amusement. But you can do that and at the same time smell the roses and realize this is an incredible opportunity and tremendous honor.“
The podcast can be heard here.
