Monday, August 20, 2018

Oral argument tips

The NYLJ has a piece by William Stock, Words with Conviction: Effective Appellate Oral Argument, which compiles a nice list of 17 rules (all of which apply to any appellate court, not just those in NY).

Law360 offers 3rd Circ. Oral Argument Dip Troubling, Chief Judge Says, noting that only 12% of 3d Circuit appeals had oral argument in 2014 (slightly ahead of the 11% rate at the 4th Circuit). The D.C. Circuit topped the list at 55% (and the 7th Circuit was next at 45%).

Not sure what to make of this unpublished family-law-appellate decision here? File it under Appellate Oops?

Moskovitz on Appeals in the DJ has Appellate Adventures, Chapter 8: How Do I Turn The Facts Into A Story?
 "Every lawsuit -- and every appeal -- is about a conflict between people. Conflict is the stuff of drama. The parties are fighting about something -- something important enough to spend a lot of money on litigation. People like to read about a fight -- just about any fight. So frame your statement of facts to tell a story about a fight."
But recognize creative limits on professional storytelling; don't get too fancy (e.g., using flashbacks or jump-aheads), because the audience is reading the brief "for work, not for pleasure." So stories should be told chronologically.