Moskovitz on Appeal
ebook ∣ Advanced Insights From An Appellate Advocate Who Wins
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Most lawyers see the appellate court as foreign territory, an arena for quiet, scholarly debate far different from the rough-and-tumble, think-on-your-feet type of practice common in the trial courts. Because of this perception (largely correct), lawyers are often uncomfortable writing briefs and arguing before appellate courts, and frequently their primary concern is simply to get through the ordeal without looking foolish. They look at other briefs or court rules to see that their briefs are in the "proper form", and then just do their best to present a respectable argument.
This book is intended for the lawyer who wants to get beyond looking OK. It's meant for the lawyer who wants victory for the client. This book is not about the form of an appeal; it is about the substance of an appeal. This book is about how to win.
The key is to examinethe thinking process of appellate justices. That's where the action is. Figure out how The Deciders decide cases. Try to select appeals in cases that the Deciders might like. Then structure your presentation to fit how the Deciders decide.
That's the way to win, and that's what this book is about.