Law Practice,
Judges and Judiciary
May 1, 2023
JUDGING BAD GUYS Part VI: How litigators might deal with it
Books on litigation tactics typically advise lawyers not to hide bad facts. Bring them out yourself - in your Statement of Facts on appeal (and in your opening statement at trial). If you don't, your opponent will do so at the most propitious time for him. Instead of letting him clobber you, fess up.
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.
Part I of this series described my shocking post-law school discovery that in the real world, judges do not always do what my law profs said they do - find the facts, apply the law, and bingo, out pops the ruling. Sometimes, judges bend or even ignore this process to stick it to a party they see as a Bad Guy.
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