Today's Moskovitz on Appeals in the DJ is The Art of Deep Persuasion, where Myron explains that merely citing authority to support an argument (relying solely on the belief that "judges are supposed to follow 'the law'") isn't enough.
Judges are not automatons who robotically follow rules. Judges are human, and they want to do justice. If they think a rule does not further justice in this case, they will seek a way around it. So find a way to go deeper into the rule and explain why it should be applied to this case.
It’s tough to do this for the first time at oral argument, where you’re on the spot and have to think quickly, and it’s especially difficult to turn around strong personalities who might have pretty much already made up their minds by the time oral argument rolls around. So go deep in your briefs, where it really counts — before the judges tentatively decide the case.
In sum, instead of skimming the surface, dig deep. It might help you win.
Today's DJ profile is Ventura Judge Matthew P. Guasco says court is 'safe, sacred space for justice': Without lawyer and judges, the Constitution is 'just a piece of paper,' says the civil trial judge. Judge Guasco "credits his background as an appellate lawyer ... with granting him a 'uniquely invaluable experience' in understanding the significance of a detailed record." He was the presiding judger of the appellate division from 2015-2017.
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| "I err on the side of explaining my rulings. I do that for a variety of reasons, all of them informed by having been an appellate lawyer ... because I think the parties and the Court of Appeals should know what I've done and why I've done it." |
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