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
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
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...For only $95 a month (the price of 2 article purchases)
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