THE RESPONDENT’S BRIEF

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. . . I’ve given a lot of advice on how to write appellate briefs.  I’ve focused mostly on the appellant’s opening brief, because it poses the greatest challenge.  Appellate courts reverse less than 20% of the trial court judgments they review, so it’s an uphill battle to get them to reverse in your case. …

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WHEN “THE FACTS” ARE NOT THE FACTS

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Most lawyers think you win appeals with erudite dissertations on the law. Not me. The law matters, but the facts matter more. When I was a kid, I used to watch a TV show called Dragnet. L.A. homicide detective Joe Friday (who never smiled) would interview a befuddled witness with this reassurance: “Just the facts,…

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