Chief Judge Kozinski of the Ninth Circuit Court of Appeals once carefully explained to lawyers how to lose an appeal. His 1992 lecture, The Wrong Stuff, stressed three phases: Continue reading
Former Judge Patricia M. Wald gave lawyers “19 Tips From 19 Years on the Appellate Bench.” This delightful essay distills Judge Wald’s work sitting on about 2600 appeals, and writing 800 opinions, while a member of the DC Circuit Court of Appeals.
Here is a summary of five of the appellate tips – Continue reading
Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit recently wrote, “Advice for Appellate Litigators.” The article offers several appellate tips on writing briefs and handling oral argument. Here are four: Continue reading
Members of a state Supreme Court recently shared on how lawyers should frame their oral argument and handle questions. The Justices on Delaware’s highest court first ask lawyers to begin by stating precisely the issues, the trial court’s claimed error, and what the Supreme Court should do about it. Continue reading