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Appellate Practice

Jun. 4, 2015

Using precedent effectively in your briefs

Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess.

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.

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MOSKOVITZ ON APPEALS

Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess. Following certain principles can make your use of cases more effective.

Lawyers often argue that judges are "bound" by prior opinions. But an appellate justice rarely sees it that way. She doesn't like being told that sh...

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