NCJ Number
123538
Journal
Judges' Journal Volume: 29 Issue: 1 Dated: (Winter 1990) Pages: 33-39
Date Published
1990
Length
6 pages
Annotation
Appellate advocacy techniques are examined to provide guidance to lawyers.
Abstract
Trial advocates are seen as being intimately related to appellate advocates in that the appellate advocate and the appellate court must rely upon the quality of the trial courts' and advocates' work product. The author describes the teaching of an appellate advocacy class in law school and demonstrates the similarity in function and structure of the appellate brief and the judge's opinion. An argument is made that the appellate judge is most likely to be persuaded by the brief that most resembles in style, presentation, and logic the judicial opinion the judge must produce. Written examples of student's efforts to put themselves in the role of the appellate judge are provided to illustrate the degree of learning such an activity facilitates. Advocates are encouraged to identify principles, rules, legal concepts, and standards that judges are likely to use in their decision-making. Finally, students of appellate advocacy are encouraged to place themselves in the role of appellate judge to recognize and assess the potential audience and effects of the appellate decision. 12 footnotes.