Document Type

Review

Publication Date

1968

Abstract

The practice of appellate advocacy may well be the most abused skill in the legal profession. The successful conduct of an appeal can preserve a client's favorable verdict or reverse his losses; and an appellate determination is often dispositive of the case. Yet, while most members of the bar recognize that trial litigation requires specialized training, too many attorneys regard appellate advocacy as commonplace and devote little or no effort to the study of the techniques of brief writing and oral argument. I have personally observed a sizeable number of cases which were lost on appeal, not because counsel failed to comprehend the issues or because of inadequate preparation, but as a result of counsel's unstructured forensic techniques.


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