Tag Archives: appellate practice

Cite the Record on Appeal

Common Mistakes in Appellate Practice and How to Avoid Them” — a talk by Attorney Mark Fulks — highlights seven mistakes that he often sees in appellate practice. The audio is here:


The mistake that hit home with me is drafting a brief without reviewing the transcript or citing the record. Continue reading

Additional Sustaining Grounds on Appeal: Only Winners Need Apply

l am privileged to help defend a multimillion-dollar judgment against an appeal. When my friends who tried the case asked for help, I first looked to see what issues were in play. In South Carolina, that means locating those issues that were raised and ruled on in the trial court. So I worked through opposing counsel’s lengthy post-trial motion and the order denying it.

scratching headSo far so good. But then the opening brief came in. Smack in the middle of it was a brand new attack on the judgment. Surprised, I went to double-check the post-trial motion, thinking the issue was buried in there somewhere, but then I saw that the opening brief described the point as an “additional sustaining ground.” And I smiled, confident that the issue will not be heard. Continue reading

Oral Argument Tips From Judge Andre Davis

Judge Andre Davis of the Fourth Circuit

Judge Andre M. Davis

Judge Andre M. Davis recently gave seven tips on oral argument during an ABA panel workshop entitled “Effective Oral Advocacy: What You Really Need to Know.” Judge Davis was formerly a District Court Judge for the District of Maryland and now serves on the Fourth Circuit Court of Appeals.

His tips and the rest of the workshop are in Appellate Issues from the ABA’s Council of Appellate Lawyers.

Judge Davis broke his tips down into three negative ones and four positive ones. Continue reading