Appellate Practice,
Law Practice
Mar. 29, 2022
THE ART OF DEEP PERSUASION
Most lawyers cite authority for their arguments, and leave it at that. They assume that’s good enough to persuade, because judges are supposed to follow “the law.” Then, much to their surprise, they lose.
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.
There are plenty of books on the art of persuasion, going back to Aristotle.
In this column, I’ll discuss one aspect of this. For want of a better term, I’ll call it The Art of Deep Persuasion.
Here’s the core of this concept.
Most lawyers cite authority for their arguments, and leave it at that. They assume that’s good enough to persuade, because judges are supposed to follow “...
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