Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 7, March of 2013
Last time we talked about the ramifications, ethically and financially, of filing a frivolous appeal. Relatedly, there is also an ethical duty to disclose directly adverse facts and legal authority, at the trial and appellate level, which can be found at Rule 4-3.3(a)(2) & (3) of the Rules Regulating The Florida Bar. As to disclosing adverse legal authority, the Rule uses ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 5, January of 2013
How many times have we all heard our adversary yell with righteous indignation: “Judge, we will appeal!” or “Judge, we’ll let the appellate court comment on that”? All too often, certain lawyers recite this threatening mantra after receiving an adverse ruling and convince their client to appeal, not because the ruling is legally or factually ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 2, October of 2012
Last month we reviewed some tips to help make your appellate brief easy to read and engaging for the appellate judge. This month, we will review some tips to enhance your oral argument. While I believe that the brief is the most important part of the appeal, oral argument can help you bring the win home. If you do have oral argument in your appeal, here are some ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 1, September of 2012
Regardless of any particular judge’s preferences, the following three tips will definitely help enhance your appellate brief. These tips may seem simplistic, but they work and they help the reader – the judge deciding your appeal - follow your argument.
1. Prepare a statement of facts that includes only the relevant facts. Don’t frustrate the reader ...
