Today's New York Law Journal has a special report on its Court of Appeals and Appellate Practice. Obviously most of this isn't SCANworthy, as a matter of geography. Two articles, however, are of general practice interest:
- Evan Farber of Loeb & Loeb presents Keep I Short and Tweet: Brief Writing Tips Inspired by Twitter. Lesson 1: Know your audience. Lesson 2: Know what you want, and say it clearly. Lesson 3: Tell a good story. Lesson 4: Edit, edit, edit; edit "aggressively, repeatedly, and without hesitation." Lesson 5: Assert points without distractions; no personal attacks or name-calling; no long disquisitions of nonessential legal or factual points. Lesson 6: Keep it lively. "Short, compact sentences. Short paragraphs, too. Active verbs. Avoid circuitous introductions. Minimize redundancy. Reduce legalese."
- Former appellate judge E. Michael Kavanagh offers The Oral Argument: An Absolute Must When Appealing a Case. His suggestions for practitioners include: Always ask for oral argument, because if it is done well, it can advance your client's position. Rather than rehash the facts or the briefing, highlight the strengths of your position and weaknesses of the other side. Listen carefully to questions and then answer them directly. Be ready to address the weaknesses in your position. Be prepared to cite to the record. Appellants should always ask for rebuttal time. He concludes:
The oral argument can be the essence of effective advocacy and it can make a difference in an appeal. Does that happen often? Honestly no, but it does happen, and for that reason alone practitioners should always take advantage of it.
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