Legal Education
Sep. 22, 2025
Setting up a moot court: Common pitfalls and how to avoid them
Moot courts can sharpen appellate skills, but only when designed to measure persuasion rather than polish.





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.

A "moot court" is a practice argument to an ersatz appellate court. (Don't confuse it with a "mock trial," which is a practice presentation to a trial court jury.)
I've been involved with moot courts for quite a while. My thinking about how best to set them up has evolved through three stages. At each stage, I asked myself the vital question: how much does this method contribute to victory on appeal?
Method No.1 -- the law school m...
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