I was in a conversation with some other litigators when this question came up: What’s the most polite way to ask a judge whether they’re familiar with the briefs or would they prefer if I summarize the facts and issues for them at oral arguments?
So not knowing the answer myself, I asked some of the most notable judges and appellate lawyers on Twitter to weigh in. You can read their thoughts on my article at the ABA Journal: Should you ask judges if they are familiar with your case?