IN WHAT ORDER SHOULD THE ARGUMENT BE ARRANGED?
The order and progression of an argument are important to its ready comprehension, but in the Supreme Court these are not wholly within the lawyer’s control. It is difficult to please nine different minds, and it is a common experience that questions upset the plan of argument before the lawyer has fairly started. I used to say that, as Solicitor General, I made three arguments of every case. First came the one that I planned – as I thought, logical, coherent, complete. Second was the one actually presented – interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night.
-Robert H. Jackson
Advocacy Before the United States Supreme Court
August 23, 1951