Following our first and second posts detailing the facts and legal issues, let’s break down our oral argument in First Financial Bank v. Tailored Fund Cap LLC.
I thoroughly prepared, to the point where I was waking up at night thinking about the appeal. Logistic preparation is important too—I set out my clothes the night before, chose what suit and tie to wear, prepared my breakfast, and determined what time I needed to get to the office and how early I needed to arrive at the Court of Appeals.
My case binders had already been meticulously prepared weeks before by our wonderful paralegal. Six (!) very full large binders—trial court pleadings (which took up three binders), appellate briefs (one binder), trial transcripts (another binder), and case law (last binder).
My boss at the first firm I worked for out of law school taught me the importance of having everything when you go to court—because you never know what you might need to reference. She would print out every last email with opposing counsel and include that in her binder. I don’t go that far, but I do insist on, at a minimum, having all the pleadings.
It always feels like you are in a time crunch as you prepare to head to court. As 8:30 a.m. neared, I threw on my tie, printed out my outline (it is easy to forget to do this if everything else is already packed up in binders), and rounded up the cavalry.
As is tradition in our firm, every member attended oral argument (except for Maddie, who was set to take the bar less than a week later).
Our case was second on the docket. I sat and watched the first oral argument, in which a third-year law student clerking at the Public Defender’s Office argued a case with “hard facts.” Our opposing counsel very nicely told him afterward that he did a good job.
Watching preceding oral arguments is simultaneously very fun and highly stressful. I once argued in the Massachusetts Appeals Court, in the historic John Adams Courthouse, and my case was last on the docket. Watching the cases before me was absolutely fascinating—a ginormous business dispute, a divorce case with $20 million+ in assets, and a plaintiff personal injury verdict in a rural seaside county.
Time drags on as you look through your outline over and over, looking forward to the feeling of relief that comes after finishing oral argument—when you know you left nothing on the table and the case is in the hands of the Panel. I feel the same way when the Judge reads the jury instructions after a lengthy trial. Same feeling—you just presented closing argument in a case you spent years preparing and have nothing left to do, but you still have to focus.
When it was our turn, my partner Paul Kerridge joined me at the Appellant’s counsel table. Paul is a former Sixth Circuit and Supreme Court of Ohio Clerk. I felt confident, well prepared, and excited, yet still nervous due to the high-stakes nature of the case.
Nerves turned to excitement as I took the podium. The Panel posed a number of questions to both me and my opposing counsel, a top Cincinnati attorney at a large firm who is called upon to represent banks in their most important Ohio litigation. Both sides were allowed several extra minutes of argument so that the issues could be fully fleshed out.
To say I greatly enjoyed this oral argument would be an understatement. Also, all of the Hamilton County Court system’s undergraduate interns attended and watched us argue. We spoke with them afterward and answered their questions about law school and the practice of law.
Whenever I meet a young person interested in law, I say the exact same thing: If you tell a room full of attorneys you are applying to law school, you will be met with responses like “Are you insane?” and “You have time—do something else, anything else!” But I truly love what I do every day.
Sure, practicing law is the most stressful occupation imaginable. I once asked a mentor if there is a more stressful profession. Her response? “Sure, nitroglycerine transporter.” That is the downside, but I still would not trade the practice of law for anything.
Our oral argument in First Financial Bank v. Tailored Fund Cap LLC can be viewed here:
https://www.youtube.com/live/81kipVGxhcM?feature=shared&t=2152
About Durst Kerridge
Durst Kerridge maintains an extensive commercial and complex civil litigation practice throughout Ohio and nationwide. To schedule a consultation, call (513) 621-4999 or reach out to Alex J. Durst or Paul R. Kerridge.
