Mayan Lawent '25 & Kelly Wu '27
Staff Editors
This past Friday, September 6, the Virginia Law Review and Virginia Law Women welcomed the United States Solicitor General, Elizabeth Prelogar, to Caplin Pavilion. The venue was packed as hundreds of students were eager to hear General Prelogar’s thoughts on appellate advocacy, building a successful legal career, and the current state of the Supreme Court. The discussion was led by Professor Cate Stetson ’94 and introduced by Leah Schwartz ’25. After hearing General Prelogar’s voice on Strict Scrutiny countless times, she did not disappoint in person.
Solicitor General Elizabeth Prelogar (left) and Professor Cate Stetson ’94 (right).
Source: Jennifer Song ’27
The discussion with General Prelogar introduced some interesting new classifications for lawyers: Are you a “heater,” a “cooler,” or maybe even an “icy hot?” Joking aside, this opened up a conversation about the different ways to influence a courtroom and an audience, and the role each type of advocacy plays. One of the key pieces of advice she had for litigators: “Be true to yourself.” Preparation is critical, but in the end, judges are listening to the person in front of them. Another important preparation tip General Prelogar shared was to look at each case and prepare ten key questions that define the fault lines. Write them down, think through potential answers, and be ready to discuss them. You don’t need to memorize everything, but practicing your points out loud helps develop fluency. The more experience you get, the better you'll be at narrowing down prep time and focusing on what matters. As General Prelogar put it, “Experience is key.” So, hear that everyone? Time to try out for Moot Court.
Another topic that came up was the role of oral argument. Is it a standalone moment, or part of an ongoing conversation with the judges? General Prelogar suggested that while not everyone may present in front of the Supreme Court, watching oral arguments with its unique format and continuous dialogue between the same nine justices can improve your own advocacy. She humorously noted that the justices see the Solicitor General less as the “tenth Justice” and more like the “thirty-seventh law clerk,” but oral argument is still a crucial opportunity to guide the justices’ focus toward the issues you believe are most important.
General Prelogar also emphasized the importance of being scrupulously honest and credible. Her role requires building long-term relationships with the justices, and unlike private practice, her client—the federal government—has broader, long-term institutional interests rather than short-term incentives. During this portion, she reflected on the need, unlike in private practice, to not always focus on individual victories but on what would be beneficial to the country as a whole moving forward.
Finally, Prelogar had two pieces of advice for 1Ls: “Be kind, be respectful,” and “don’t shy away from what makes you uncomfortable.” In oral argument, the tradition is to call opposing counsel “my friend,” and though it can feel awkward at times, the principle behind it—“showing respect to others enhances your own advocacy”—is a valuable one. She noted that her first year of law school and subsequent career were filled with moments of growth through discomfort. She reminisced that the mentors she had challenged her to work through tough times. A powerful story she shared involved clerking for the late Justice Ruth Bader Ginsburg after her husband passed away. As Justice Ginsburg said, “Martin would have wanted me to be here.” So, “put yourselves out there!”
General Prelogar also shared her unique pre-argument routine. She is sure to leave the office by 7 p.m. so that she can get home and have dinner with her family, where she eats the same pregame meal every time—no one in the audience asked her what the meal was, unfortunately. And then she delivers the opening statement of her argument to her two young children for grades from one to ten. While we are sure this is a way to destress and shape her children into future legal juggernauts, we think it is also a good reminder to keep all arguments as simple as possible. General Prelogar seemed proud that her children usually give high scores, to which Professor Stetson replied, “Wait until they become teenagers and give nothing but indifferent twos.”
When asked about the current conservative bent of the Court, General Prelogar did not opine on any of the major proposals such as term limits. Instead, she expressed optimism on her ability to reach the newer justices going forward. She emphasized that while she is realistic in her goals, she never believes it is impossible to change the opinion of the Court to her side of an argument. Anyone expecting bold statements about the dire state of the federal judiciary was out of luck, which makes sense given how her office depends on a long-term relationship with the same nine people.
As authors, we all left this wonderful event feeling a bit more inspired to be the best advocates possible. We’re sure many of our fellow students felt the same.
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zuc9mq@virginia.edu
gcu2vn@virginia.edu