Appellate Practice
Dec. 22, 2016
Timing is everything, briefs included
Don't include anything in your brief unless you've carefully thought about whether it advances your goal: to win the appeal.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
Timing is crucial in bluegrass music, tennis and sex. Brief-writing? Same thing. I see many briefs that discuss things too early. For example, opening briefs include lengthy introductions that argue the case - before the judge knows the facts. What's wrong with this?
Let's apply my golden rule of advocacy: "put yourself in the shoes of the decider." So assume that you are the decider. Some lawyer you've never seen before comes up to you to discuss a case you've never heard of. He say...
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