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Law Practice,
Appellate Practice

Apr. 14, 2022

Biting the hand that feeds me: Part I

How many of us are quick enough on our feet to come up with a persuasive rebuttal to a new twist we’ve never seen before – on the spot, with no prior thought about it, with three robes staring at you, waiting to see if you can talk them out of a position they’ve already decided to take in their written opinion?

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.

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I have a dilemma.

During my law-professing days, I had the privilege – nay, the duty – of criticizing the judiciary. That’s what the legal academy is for: taking a cold, hard look at the reality of what our courts are doing, and telling it like it is.

I took full advantage of it, in my law review articles, my books, and my occasional pieces in legal journals like this one. I called out judges on the errors of t...

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