Appellate Advocacy and Citing Authority in Briefs and Oral Argument: Advanced Issues
Special Justifications for Not Following a Higher Court, Citing a Lower Court Persuasively, Art of Analogy
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide appellate lawyers to refine authority's compelling and persuasive deployment in briefs and oral arguments and review why authority should be handled differently in these separate settings. The panel will discuss resisting the "more is better" trap, recognizing when the decisions of a higher court may be taken at less than face value, and avoiding the fatal flaws of hyperbole and inaccuracy. The program will help lawyers evaluate the persuasiveness of existing decisions and address noncase materials.
- The law of judicial precedent
- Citing authority in briefs
- Number of citations
- Use of quotations
- How to effectively use specific types of authorities
- The case in point
- The use of analogies
- Handling negative authorities
- Non-decisional authorities
- How citing authority in oral argument differs from briefing
- Fatal Errors
The panel will review these and other critical issues:
- What loses the court's attention faster than anything else?
- What do experienced appellate lawyers avoid at all costs in writing and oral argument?
- How can "writing to the standard" give counsel an edge?
- When may binding precedent be not binding, and what are the signs?
Benjamin G. Shatz
Partner & Certified Appellate Specialist
Manatt Phelps & Phillips
Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and... | Read More
Mr. Shatz Co-Chairs Manatt's Appellate Practice Group. He has briefed hundreds of civil appeals, writs, and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court, and California Courts of Appeal, covering a multitude of areas of law. He is a frequent lecturer and author, published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications.Close
Western Michigan University Cooley Law School
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private... | Read More
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private practice with civil-litigation firms, specializing in civil appeals. He has successfully briefed and argued appeals in the Michigan Supreme Court, the Michigan Court of Appeals, and the U.S. Court of Appeals for the Sixth Circuit. He’s a past chair of the Michigan State Bar's Appellate Practice Section, was a founding board member of the Michigan Supreme Court Historical Society’s Advocates Guild, and is a frequent speaker and moderator at programs on legal writing and appellate practice. Prof. Cooney is Editor-in-Chief of The Scribes Journal of Legal Writing.Close