Law Practice,
Appellate Practice
Jan. 2, 2024
Using precedent to persuade
There's a right way to use precedent. Explain how a respected authority gave the issue some thought, wrote a persuasive analysis, and came to a conclusion that helps your case.
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.
My last column, ("How to use precedent cases," Dec. 18) discussed an affliction common to all young attorneys. Their law profs taught them that judges blindly follow precedent cases. Knowing no better, these newbies fervently believe this - until they are, inevitably, shocked by a judge's "blatant refusal to follow the law!"
It takes a while to realize t...
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