Appellate Practice
Jan. 16, 2024
Using ‘old’ precedent cases
What lawyers think of old cases is not important. What counts for advocates is what our targets - the judges - think of them.
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
I sent a draft appellate brief to the trial lawyer who had brought me in to handle the appeal. She called me up.
Trial counsel: “The main case you rely on is more than 60 years old. That doesn’t look good.”
MM: “Well, we’re appealing to a California appellate court, and the case I cite came down from the California Supreme Court. It’s right on point, and it involves facts similar to ours. And it comes out our ...
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