Appellate Practice
Apr. 3, 2015
Should you use footnotes in briefs? Sure, but take it easy
Lawyers often think they are adding useful information, but they don't realize that they are also subtracting from what counts: the persuasive impact of the text.
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
MOSKOVITZ ON APPEALS
When I'm invited to speak to a group of lawyers about effective brief writing, I'm often asked, "Should I use footnotes?" My answer: "Yes, but sparingly."
Here's the problem. Imagine you are orally arguing your case to a panel of appellate judges. Your presentation is smooth and orderly, and the judges appear to be following it and buying it. But suddenly, one of...
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