Thursday, August 02, 2007

On writing appellate briefs

"There is a quaint notion out there that facts don’t matter on appeal — that’s where you argue about the law, facts are for sissies and trial courts. The truth is much different. The law doesn’t matter a bit, except as it applies to a particular set of facts."

Alex Kozinski, The Wrong Stuff, 1992 B.Y.U.L. Rev. 325, 330 (1992), and cited in this article, which I found via this post from Ray Ward.

I always start reading up on how to be an appellate lawyer or whatever kind of lawyer after losing one. I wish I could figure out how to get something done for my old friend in that case.

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