A "Great Brief" Makes Good Use of the Record
An attorney showed me a brief written by a well-known appellate lawyer, and said “This is a great brief. It’s well-written, logical and persuasive. You should write a column on how to write a great bri…
Tips, stories, and updates about our activities. Subscribe today!
Effective Brief-Writing: The Reply Brief
Your reply brief might turn out to be the most important vehicle for influencing an appellate court. You’ve just seen your opponent’s best shot at the arguments you made in your opening brief. Now you…
Oral Argument - The Delivery
I’ve discussed how to prepare for oral argument. Now for the real thing. Your opening lines. Greet the judges and tell them who you are and whom you represent. "Good morning, your honors. Moe H…
Setting Up A Moot Court
A good way to practice for an appellate oral argument is to hold a moot court. A moot court lets you try out your arguments and get some helpful feedback from a panel of "judges". When I…
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…