Appellate Practice
Jul. 20, 2016
Superior brief writing doesn't always win the day
Every litigator is familiar with the experience of receiving a brief from the other side that is — to speak bluntly — garbage. Yet the decision somehow lands in your adversary's favor. By Steven S. Kimball
Good written advocacy may be clear, logical, correct, well supported, persuasive and even eloquent but does it really make a difference in outcomes? It is a truism that oral argument can be impressive and great theater but is unlikely to have a significant impact on judicial decisions. But the same thing may be said of briefs ? no matter how excellent ? submitted to trial and even appellate courts. Every litigator is familiar ...
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