When the Only Law Available on the Issue is an Unpublished Decision, What Are My Options?
Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his Read More
Appellate Brief Writing: Five Briefs to Avoid
Legal writing, or any writing for that matter, is a mentally demanding and complex activity requiring sustained effort and attention. Lawyers often face difficulty in providing that effort and attention within court-imposed d Read More
15 Critical Steps to Effective Brief Writing
The appellate brief is unquestionably the most important element in an appeal – presuming the record has been properly preserved and prepared. Nothing will be more persuasive than a cogent, well-written legal argument applyin Read More
Oral Argument Preparation
I’ve had several questions in response to my last blog post discussing “winging it” on oral argument and our Interactive Oral Argument Prep Read More
Why Wing It on Oral Argument?
Many attorneys spend countless hours polishing their appellate briefs, ensuring that the argument covers all of the relevant case law and reviewing and revising the documents repeatedly before filing. Then, whether because t Read More