Although they were typical before 1860, it was only during the Civil War that oral arguments were heard in appels courts. These courts reacted with the same surprise that the judges had to say in court when they first faced oral arguments, and they sometimes overturned case-based convictions. Plea`s negotiations can be a dilemma for defence counsel, as they must decide whether to choose, whether to seek a good deal for their current client, or have a good relationship with the prosecutor to help future clients.  In the case of the United States, for example, defence counsel are required by the ethics of the bar to defend the interests of the current client over the interests of others. A violation of this rule may lead to disciplinary action imposed on the defence counsel by the competent state bar.  A 2009 study by the European Association of Justice and Economic Affairs concluded that, because of perceived injustice, innocent defendants are increasingly likely to refuse favourable arguments as guilty defendants, even if this is theoretically prejudicial, and that they would do so even if the expected punishment was worse if it were brought to justice. The study concluded that “[d] its somewhat counter-intuitive “cost of innocence,” where the preferences of innocent people collectively do them worse than their guilty colleagues, by the practice of imposing much harsher sentences on defendants who challenge the charges. This “trial sentence” is intended to facilitate the guilty pleas of the guilty defendants [… and ironically…] disproportionate, collective, punishes innocent people who, for reasons of fairness, refuse certain offers that their guilty colleagues accept.  The political influence on oral arguments is more nebulous. As prosecutors are recruited by the federal, regional and local governments, they often have political connections.
When a case involves a prominent member of a political party, a prosecutor may refuse to enter a plea to avoid any appearance of favouritism. The third type of plea is the trial of the charges in which the accused, who face several counts, can plead guilty to fewer charges. The charges should not be the same: the prosecutor may drop all charges or charges in exchange for a guilty plea on the remaining charges. Since counting negotiations apply only to accused people facing multiple counts, this is the least common form of haggling.