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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…
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…
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…
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…
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…
People love stories. You told a good story in your Statement of Facts. Now it's time to invent some new stories to include in the Argument section of your brief. We call these stories…
Suppose you are writing an Appellant's Opening Brief. In the trial court, your opponent made an argument against the position you are now taking. Should you deal with it in your Opening Brief - or…