Inverse Correlation Between Questions for the Bench and Success

Interesting New York Times article on the correlation between how many questions a lawyer receives from the Supreme Court and the lawyer’s client’s chance of success. I think this general rule is true in any legal argument to a judge: the fewer questions a lawyer is asked, the more likely that lawyer is to prevail. The hardest thing for a lawyer to do – particularly a lawyer who prepared well for the hearing or motion – is to just shut-up and let the judge work for you.