Section 1.38 Any Lawyer Can Do it

• Library: App Ct Prac 2015 Supp

a. (§1.38) Any Lawyer Can Do it

Some attorneys believe that their general law school training prepared them to do appellate work. They believe this because of the subject matter of the “case study” method of legal education: appellate court decisions. The notion is that a person begins to think as a lawyer by studying appellate decisions. By and large, this is true. A corollary to that notion is that intensive study of appellate decisions is the best training for appellate advocacy. This is not true. The reading of appellate opinions in a case book and a Socratic exchange on those opinions may enable a person to analyze facts in light of the law and to understand the rules of common law. But skillful appellate advocacy requires a great deal more than that!

Knowledge of geology and geography are not enough to make a successful mountain climber. The information about rocks and climate is helpful, but scaling a mountainside is a demonstration of the personality and character of the climber. It requires a skill that goes far beyond geological training. The appellate lawyer does not write opinions. The appellate lawyer works to persuade the prospective author of the opinion. Advocacy and...