Appellate Practice
Jul. 18, 2016
Successful oral arguments require a little clairvoyance
Oral argument gives you an opportunity to discover what concerns the judges, so instead of covering all the arguments in your brief, engage the judges and address their dilemmas.
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.
MOSKOVITZ ON APPEALS
A good appellate oral argument requires good preparation. But good preparation requires more than just reading everything related to the case. You need to foresee what might happen at oral argument, then structure your prep around it.
Develop a Theme
The judges have read the briefs and thought about the case, so their minds are pretty well made up before th...
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