Guide to Legal Writing,
Appellate Practice
Dec. 2, 2024
My short briefs
Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brief might have a better chance of winning.
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.
No, this is not an exegesis of my preferences in men's underwear.
It's about a problem I've long noticed: most appellate briefs are simply too long.
Here's a trick I once played on my son. My opponent's appellate brief arrived, and I printed it out. I then held the brief face down, closed my eyes, appeared to concentrate deeply for a few moments, and then intoned "Abracadabra" and proclaimed: "Ari, this brief contains about 13,990 words. Now take the brief, turn to the word count page ...
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