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
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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