Briganti Imbroglio

Today's Moskovitz on Appeals in the DJ is Talking to Strangers, about lessons to be drawn from Briganti v. Chow, in which he points out that the comments that drew the court's ire (and publication of the opinion and so much attention in the legal press) could never have helped win the appeal, and thus should never have included in the brief. Moreover, trying to be funny on appeal is so exceedingly dangerous that you (as counsel) should never be the one to attempt it. (If a judge starts down that path, then it may be safe to join in, but otherwise, play it safe.)