Appellate Practice
Nov. 22, 2016
Extremely Effective Advocacy Advice
Don't use strong modifiers – instead, make your points with facts, policy arguments and law.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
MOSKOVITZ ON APPEALS
The following sentences have appeared in many of the appellate briefs I've reviewed over the years. What - if anything - is wrong with them?
* "Appellant has utterly failed ..."
* "The trial court was obviously wrong."
* "The meaning of the contract is crystal clear."
* "Appellant relies on cases that are completely irrelevant."
* "Respondent shamele...
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