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Preparing for Oral Argument

A good appellate oral argument requires good preparation. But good preparation requires more than just reading everything related to the case. You need to foresee what might happen at oral argument,…

What's the story?

A trial lawyer brought me in to file a petition for writ of mandate to undo an adverse ruling. Plaintiff (our client) had sued the defendant for an accounting and for partition: to compel sale of a…

Appellate Oral Arguments Should Stress Justice, Not Case Law

In my last blog post, I opined that most lawyers use appellate oral argument to repeat what’s in their briefs—and this is usually a waste of time, a waste of the client’s money, and a wasted oppor…

Oral Argument: If Not Necessary, Waive It Goodbye

Here's how most diligent lawyers deal with oral argument. (I'll assume you are one of the diligent ones, not one of the "I'm so great on my feet I don't need to prepare" types.) Preparation…

M.A.T. Chosen as a Top Small Law Firm

The Los Angeles Daily Journal recently chose Moskovitz Appellate Team as one of the top twenty "boutique" law firms in California. You may check out their article about us by clicking…

Seeking Review in the California Supreme Court

The Problem If you lost in the Court of Appeal, you can then ask the California Supreme Court to hear your case, via a "petition to review". The Court denies over 95 percent of these…

Abolish Oral Argument?

Stanley Mosk once told me, “Oral argument is a waste of time.” I didn’t buy it, because I didn’t want to buy it: I’m an appellate lawyer who enjoys the banter of oral argument. But he was both an Associate…