Appellate Practice,
Judges and Judiciary
May 16, 2022
Biting the hand that feeds me. Part 3: The appearance of justice
Some appellate courts show counsel their tentative opinion before oral argument -- allowing lawyers to discuss the tentative with their client. This allows attorneys to prepare and hone their oral argument, saves in legal fees, and gives parties the feeling they can influence the outcome.
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.
This is the third in a series of columns critiquing our appellate courts.
My first column explained why I’ve decided to break my wall of silence about our appellate courts. At my business manager’s insistence, I ended with a plea that judges not hold this against me – or against my clients – and see it in the constructive spirit in which it is offered.
Today’s topic is the appearance of appellate justice.
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