Advanced Topics in Appellate Practice

Front Matter

• Front Matter

Introduction

• Introduction

About the Author

• About the Author

Chapter 1 Mastering Appellate Practice Is a Worthy Life Goal

• CHAPTER 1 Mastering Appellate Practice Is a Worthy Life Goal
• 1.1. The Rule of Law Needs Appellate Courts
• 1.2. The Rule of Law and Appellate Courts Need Appellate Lawyers
• 1.3. Why I Focus Mostly on Intermediate Appellate Courts

Chapter 2 How to Do Deep Work on the Path to Mastery

• CHAPTER 2 How to Do Deep Work on the Path to Mastery
• 2.1. Understanding Deep Work in Appellate Practice
• 2.2. How to Free Yourself to Do Deep Work
• 2.3. The Literature of Appellate Practice Only Partly Serves the Need for Developing Masters of Appellate Practice

Chapter 3 Connecting Story and Values Is Essential to Persuasion

• CHAPTER 3 Connecting Story and Values Is Essential to Persuasion
• 3.1. Like a Tree With Blackbirds
• 3.2. Story Is Life; Isn't It Also Judging?
• 3.3. Introducing Six Moral Foundations That Drive Civic Decisions
• 3.4. Recap and Limits of How Story Works in Human Decision Making

Chapter 4 How to Teach Yourself to Write True Stories With Values

• CHAPTER 4 How to Teach Yourself to Write True Stories With Values
• 4.1. To Write, You Must Read Critically
• 4.2. To Write, You Must Practice Writing

Chapter 5 How to Write a Story in a Brief

• CHAPTER 5 How to Write a Story in a Brief
• 5.1. Taming the Record
• 5.2. How to Find Stories and Issues
• 5.3. Strategies of Writing
• 5.4. How to Handle Stories in Responding Principal Briefs
• 5.5. Errors of Aldisert and Disciples

Chapter 6 How to Deal With Common Matters Other Than Story Writing

• CHAPTER 6 How to Deal With Common Matters Other Than Story Writing
• 6.1. Introductions Have a Place but Pose Difficult Choices
• 6.2. When You Must Use an Issue Statement, Make It Fair and Contextual
• 6.3. How to Connect Headings and Tables of Contents
• 6.4. How to Address Mirroring in Responsive Briefs
• 6.5. Record References Do Not Need Line Citations
• 6.6. Problems With Citing Law and Tables of Authorities
• 6.7. How to Connect Story With the Legal Argument
• 6.8. How to Understand Dispositions and Write Conclusions
• 6.9. How to Achieve Excellent Presentation Aesthetics
• 6.10. Miscellaneous

Chapter 7 Replies and Letter Briefs

• CHAPTER 7 Replies and Letter Briefs
• 7.1. Always File a Reply Brief
• 7.2. Always Respond to a Court's Request for a Letter Brief
• 7.3. File Supplemental Briefs When You Have the Right to Do So

Chapter 8 How to Approach Proofreading and Editing

• CHAPTER 8 How to Approach Proofreading and Editing
• 8.1. How to Proofread: There's No Perfect Answer
• 8.2. Help With Self-Editing and Electronic Support
• 8.3. A Good Editor Is Hard to Find; A Hard Editor Is Good to Find

Chapter 9 Ways to Handle Collaborating and Consulting

• CHAPTER 9 Ways to Handle Collaborating and Consulting
• 9.1. Collaborating in Team Briefing
• 9.2. Collaborating With Trial Counsel
• 9.3. Supporting Others' Preparation for Oral Argument
• 9.4. Collaboration Invitations to Reject
• 9.5. Appellate Consulting Is Ill-Defined and Risky
• 9.6. Trial Court Collaborating and Consulting Can Add Value

Chapter 10 Oral Argument

• CHAPTER 10 Oral Argument
• 10.1. When and Why to Request, or Not Waive, Oral Argument
• 10.2. Getting to the Lectern
• 10.4. Preparing for Argument
• 10.5. Presenting Traditional Argument
• 10.6. Virtual Argument

Chapter 11 Pro Bono and Amicus Work Help on the Path to Mastery

• CHAPTER 11 Pro Bono and Amicus Work Help on the Path to Mastery
• 11.1. Amicus Briefing Opens the Field to Many Stories
• 11.2. Why Doing Pro Bono Briefing for Parties and Amici Is Good For Mastery

Chapter 12 Client Communications and Predictions

• CHAPTER 12 Client Communications and Predictions
• 12.1. How Much, How Long, What Are the Chances?
• 12.3. How to Use Accessible Data Analysis to Answer "How Long?"
• 12.2. How It's Done Doesn't Work
• 12.4. Why Lawyers Don't Use Analytics and Might Fail in Trying
• 12.5. Predicting Our Own Future
• 12.6. What Are My Chances of Winning? Limits of Metrics in a World of Heuristics
• 12.7. Venture Not Beyond the (Flawed) Reversal Rate
• 12.8. Okay, How Much?
• 12.9. Recap of Prediction and Data Analytics

Appendix

• Appendix

Full Court Press

• Full Court Press