Last year, I wrote a post about using an iPad to prepare for oral argument. In that post, I described how useful it is to have all of the record on appeal, cases, and briefs on an iPad so that you have everything in one place as you prepare for oral argument. But I noted in that post that I had never actually used an iPad to create and hold the outline of my oral argument — for that, I had always relied upon Microsoft Word on my computer for drafting, and paper for the day of oral argument. Earlier this month, I had an oral argument before the U.S. Fifth Circuit and I decided to completely use an iPad for oral argument, even for preparing my outline. It worked really well for me.
Preparing the outline
If you are the sort of person who writes out every word of your oral argument, such that if you don't get any questions from the bench you essentially read from a script, then this post isn't written for you. I've seen some talented folks get away with this, but that's not at all how I prepare. I prepare issues that I want to discuss in a rough outline form, with key cases and quotes for the various points that I want to make, and as I prepare for oral argument I am constantly rearranging the order of items and adding and cutting items.
In the past, I just used Microsoft Word (mostly on my computer) to create my outlines. This time, I decided to make my notes more visual by using the GoodNotes app on my iPad. GoodNotes is the app that I use to take notes in meetings, but it works well for anything that you want to write down, and works especially well if you are using an Apple Pencil. (The Apple Pencil stylus is far better than any other stylus on the iPad.)
First, GoodNotes made it easy to add color to my outline to make certain items stand out. And whenever I wanted to underline something, I would first tap the shape tool (the icon with the box/circle/triangle) to ensure that my line would be perfect. The same tool made my rectangles and circles perfect.
Second, unlike typing an outline in Microsoft Word in which the order is strictly top to bottom, GoodNotes gave me the full page as a canvas so I could put some items on the side, put some items in their own box, etc. I found it much easier to visualize and organize my argument this way.
Third, GoodNotes does a great job of moving items around. If I start to write an argument on one part of the page and them want to move it to another part of the page, I can just tap on the lasso tool at the top, circle the text with my finger or my Apple Pencil, and then drag the text to its new location.
If that new location is on a different page, tap in the middle of an item after you have circled it with the lasso. This brings up a menu with the option to cut (or copy) whatever you circled. You can then go to another page and hold down your finger on the page for a second to see the option to paste.
During the time that I prepared for my oral argument, I doubt that many items stayed in the place where I originally wrote them in GoodNotes. I frequently moved things around to expand upon arguments or separate arguments onto different pages. And as I got closer to my oral argument and found myself condensing my outline, it was easy to merge items onto a single page.
Fourth, you can add images into notes with GoodNotes, and I used this for key quotes from opinions. All of the important cases related to my appeal were located in a folder in GoodReader. I found the part of the opinion I wanted to quote (sometimes using GoodReader to highlight part of the text) and then I took a screen shot (pressing the home and power buttons at the same time). This put a screen shot in the Photos app. In that app, I cropped to just the words that mattered to me. Finally, in GoodNotes I tapped the plus sign in a circle at the top let to add an image, selected the image from my Photos, and sized it appropriately on my page.
When I was finished, I had an outline on just a few pages containing everything that I wanted to be sure to say in oral argument, plus a few more pages of notes on issues that I would address only if asked. Most importantly, in the process of editing and refining my outline, I saw my outline so much that I memorized it.
The day of oral argument
On the day of oral argument, the only thing that I needed at counsel table was my iPad and Apple Pencil, plus a legal pad and pen to take notes when my opponent was speaking on items that I wanted to address in rebuttal. As a backup, before I went to court, I used GoodNotes to convert my outline pages to PDF and printed them out so that I could use them in case my iPad died in court or something like that. Those paper notes ended up staying in my briefcase, unused, but I felt better knowing that they were there.
I went to Settings -> Display & Brightness and changed Auto-Lock from my normal 5 minutes to Never just to make sure that my iPad wouldn't lock up while I was at the podium.
When it was my turn to speak, I brought my iPad to the podium. By that point, I had memorized everything in my notes so as a practical matter I mostly didn't need to look down at my iPad, but it was a nice crutch knowing it was there. And when a judge asked a question to which I wanted to respond by quoting an opinion, it was nice to swipe to the page of my notes where I had the image from the opinion so that I could read verbatim the words from the relevant prior opinion.
After I gave my opening argument and it was time for my opponent to speak, I switched my iPad to GoodReader so that I could quickly look at a brief or opinion as necessary while my opponent spoke. Sure enough, he did at one point reference another case in a way that I believed was not accurate, so I was able to quickly find that opinion and skim it (I had previously highlighted and annotated all of the key cases) and confirm what the case was about. During my rebuttal, I gave the judges my interpretation of the opinion, and had the opinion open in GoodReader just in case I needed to refer to specific language.
Conclusion
As is often the case, despite all of my moving my arguments around in my notes to come up with the perfect order of presentation, almost 100% of my time at the podium was consumed by answering questions in whatever order the judges tossed the questions at me. Nevertheless, the time that I had spent ordering my arguments and then rethinking that order helped me to move on to logical follow-up points after answering a question.
Whether I win or lose this appeal, I really liked using GoodNotes to prepare for oral argument. My notes were much more colorful and visually interesting than ever before, and that mattered because it made it easier for me to remember everything on the pages. Many times as I was speaking I could easily "see" in my head my notes, remembering, for example, the three cases that I wrote in the bottom right hand corner of a page. So without even looking at the notes, the notes were helping me as I spoke to the judges.
There are many great drawing apps on the iPad, and you should use whatever app you are comfortable using. But for me, GoodNotes was incredibly helpful as I prepared for and gave my oral argument.
Click here to get GoodNotes ($7.99): 
Click here to get GoodReader ($4.99):
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This article won the LitigationWorld Pick of the Week award on June 29, 2017. The editors of LitigationWorld, a free weekly email newsletter for litigators and others who work in litigation, give this award to one article every week that they feel is a must-read for this audience.
