Appellate Practice
Apr. 7, 2026
Staying strong and silent on appeal
Sometimes the strongest litigation strategy is staying silent--strategically choosing not to respond to weak, irrelevant, or low‑impact arguments can conserve client resources, preserve credibility and let lawyers exercise independent judgment without undermining the case.
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
The classic "strong and silent type" describes someone who is quiet, emotionally reserved, confident yet not timid. This personality does not speak unnecessarily and often chooses their words carefully when they do. Sort of sounds like the prototypical appellate lawyer, right? Can strategically staying silent during litigation convey strength? Sometimes it can.
The idea of not responding is heretical to the conventional model of adversarial litigation. T...
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