Skill Building
Trial-Ready
Law School Preferred

Winning On Appeal: Better Briefs and Oral Argument

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the “nuts and bolts” of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court.
Publisher: NITA
eBook :epub
3rd Edition
$75.00
Quantity
In Stock
ISBN/ISSN: 9781601567253
Publisher: NITA
International Order Inquiry
Book Edition: 3E

Product details

View a sample of this title using the ReadNow feature

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal.

Reviews

"I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere.

I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look."

       — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court

"This essential volume combines vital information with practical advice from fellow practitioners and the judges who are the intended audience for appellate advocacy."

       — Paul D. Clement, former Solicitor General of the United States

 

Featured authors

Table of contents

TABLE OF CONTENTS


FOREWORD TO THE THIRD EDITION


FOREWORD TO THE SECOND EDITION


PREFACE TO THE THIRD EDITION


PREFACE TO THE SECOND EDITION


PREFACE TO THE REVISED FIRST EDITION


PREFACE TO THE FIRST EDITION


PART ONE: THE THEORY AND CRITICISMS OF WRITTEN AND ORAL APPELLATE ADVOCACY


CHAPTER ONE: APPELLATE REVIEW: A PANORAMA


1.1  Overview

1.2  The Avalanche of Appeals

1.3  The Odds of Winning an Appeal

1.4  The Odds of Being Granted Oral Argument

1.5  Summary


CHAPTER TWO: THE PURPOSE OF BRIEF WRITING

2.1  Overview

2.2  Gaining and Maintaining Attention

2.3  Criticisms of Briefs

2.4  The Brief-Reading Environment


CHAPTER THREE: THE PURPOSE OF ORAL ARGUMENT

3.1  Overview

3.2  The Judges' View

3.3  The Lawyers' View

3.4  Criticisms of Oral Argument

3.5  The Purpose of Oral Argument: A Summary


PART TWO: TECHNICAL REQUIREMENTS FOR BRIEFS


CHAPTER FOUR: JURISDICTION

4.1  Overview

4.2  Appealability in the Federal System

4.3  Appealability in State Systems

4.4  The Notice of Appeal

4.5  Mandatory Timely Filing


CHAPTER FIVE: ISSUE PRESERVATION AND STANDARDS OF REVIEW

5.1  Issue Preservation for Review

5.2  Introduction to Standards of Review

5.3  Three Categories of Facts

5.4  Determining the Standard of Review

5.5  Discretion

5.6  Questions of Law

5.7  Examples of Standards of Review

5.8  Summary


PART THREE: THE NUTS AND BOLTS OF BRIEF WRITING


CHAPTER SIX: THE BRIEF: SELECTING ISSUES AND FINDING A WINNING ARGUMENT

6.1  Overview

6.2  Overview of the Brief-Writing Process

6.3  Choosing the Issues: The Lawyer's Decision and the Ethical Dilemma

6.4  Arranging the Issues

6.5  The Appellee's Issues

6.6  How Many Issues?

6.7  Perspectives from the Bench: Selecting Issues


CHAPTER SEVEN: THE BRIEF: RESEARCH AND USE OF AUTHORITIES

7.1  Preparing to Research

7.2  Researching and Compiling Research

7.3  Evaluating Your Authorities

7.4  Citation Evaluation Chart

7.5  Understanding What Is Precedent

7.6  How to Cite and Discuss Cases, Yet Be Concise

7.7  String Citations and Other "Don'ts"

7.8  Ethical Responsibilities in Citing Precedent

7.9  The Use of Cases to Persuade the Court to Extend or Compress the Law


CHAPTER EIGHT: THE BRIEF: STATING THE ISSUE(S) AND POINT HEADINGS

8.1  How to State an Issue: Overview

8.2  Point Headings


CHAPTER NINE: WRITING TO WIN: CLEAR WRITING, EDITING, AND CITATION FORM

9.1  Introduction to Clear and Concise Writing

9.2  Omit "Lawyerisms"

9.3  Be Concise

9.4  Be Clear

9.5  Keep It Civil (and Classy)

9.6  Edit Vigorously

9.7  Follow Proper Citation Form

9.8  To Footnote, or Not to Footnote

9.9  Writing to Persuade

9.10  Writing to Win: Advice from Judges and Lawyers


CHAPTER TEN: THE BRIEF: WRITING YOUR ARGUMENT

10.1  Writing the First Paragraph

10.2  Identifying the Source of Controversy

10.3  Structuring the Argument

10.4  Considering the Consequences of Your Analysis

10.5  The Requirement of Consistency and Coherence

10.6  Standards of Review

10.7  The Experts Speak


CHAPTER ELEVEN: THE BRIEF: THE REQUIRED LOGICAL FORM FOR EACH ISSUE

11.1  Introduction to Formal Argument

11.2  The Role of Brief Writing

11.3  Is Logic Really Important?

11.4  Introduction to Deductive Reasoning

11.5  Introduction to Inductive Reasoning

11.7  Overview of Fallacies

11.8  A Listing of Formal Fallacies

11.9  Informal Fallacies

11.10  Fallacies: A Final Word


CHAPTER TWELVE: THE BRIEF: STATEMENT OF THE CASE

12.1  Overview

12.2  Statement of Facts

12.3  Distilling the Record into the Statement of Facts

12.4  Writing the Statement of Facts

12.5  Special Considerations

12.6  Appellee's Statement of the Facts

12.7  Examples of Statements of Facts

12.8  Statement of the Procedural History

12.9  Examples from the Briefs

12.10  Conclusion


CHAPTER THIRTEEN: THE BRIEF: SUMMARY OF THE ARGUMENT

13.1  Overview

13.2  The Critical Opening Paragraph

13.3  Examples of Good Openings

13.4  The Summary of Summaries

13.5  The Introduction

13.6  Conclusion


CHAPTER FOURTEEN: THE BRIEF: FINALIZING AND FILING THE BRIEF, RESPONSIVE STATEMENTS

14.1  Overview

14.2  Requirements for Briefs: Federal Court

14.4  Requirements for Briefs: State Courts

14.5  The Brief’s Conclusion

14.6  Requirements for the Record and Appendix: Federal Court

14.7  Requirements for the Record and Appendix: State Court

14.8  A Wrap-Up on Briefs and Records Rules

14.9  Cover Page, Table of Contents, and Table of Authorities

14.10  Filing the Brief

14.11  The Appellee's Brief

14.12  The Reply Brief

14.13  Advice from an Appellate Specialist

14.14  Brief Writing: A Summary


CHAPTER FIFTEEN: THE BRIEF: A COMPENDIUM OF ADVICE

15.1  Writing the Argument: A Recap

15.2  Current and Former State Court Justices Speak

15.3  Circuit Court Judges Speak

15.4  The Perfect Brief and Pet Peevees

15.5  Rehearsing En Banc

15.6  Advice from Paul D. Clement, Kirkland & Ellis


PART FOUR: THE NUTS AND BOLTS OF PREPARING AND DELIVERING ORAL ARGUMENT


CHAPTER SIXTEEN: PREPARING FOR ORAL ARGUMENT


16.1  How Judges Prepare

16.2  The Importance of Preparation

16.3  Advice from Current and Former State Court Justices

16.4  Advice from Circuit Court Judges

16.5  Advice from Chief Justice John G. Roberts, Jr

16.6  Is It a Hot or Cold Court?

16.7  Preparing for the Questions: A Checklist

16.8  The Mandatory Rehearsal

16.9  Previewing the Court

16.10  Supplemental Citations


CHAPTER SEVENTEEN: HOW APPELLATE LAWYERS PREPARE

17.1  Howard J. Bashman, Law Offices of Howard J. Bashman

17.2  Bobby R. Burchfield, King & Spalding

17.3  G. Todd Butler, Phelps Dunbar

17.4  Kyle Duncan, Schaerr Duncan LLP

17.5  Miguel Estrada, Gibson Dunn & Crutcher

17.6  Wes Hendrix, U.S. Attorney's Office for the Northern District of Texas

17.7  Peter Keisler, Sidley Austin LLP

17.8  Scott Keller, Solicitor General of Texas

17.9  George A. Somerville, Harman Claytor Corrigan Wellman

17.10  Michael B. Wallace, Wise Carter Child Caraway, P.A

17.11  Julie A. Warren, West Virginia Attorney General's Office

17.12  Former United States Solicitor General Seth P. Waxman, Wilmer Hale


CHAPTER EIGHTEEN: DELIVERING THE ARGUMENT

18.1  Appearance and Demeanor

18.2  Nervous? Yes, We Know

18.3  The Actual Delivery

18.4  Watch Your Time

18.5  Be Flexible

18.6  Visual Aids

18.7  Arguing before a Cold Court

18.8  How to Answer Questions

18.9  The Appellee's Argument

18.10  The Rebuttal

18.11  Summing Up

18.12  Advice from Current and Former State Court Justices

18.13  Advice from Circuit Court Judges


PART FIVE: CHECKLISTS


CHAPTER NINETEEN: TWO IMPORTANT CHECKLISTS: BRIEF WRITING AND ORAL ARGUMENT PREPARATION

19.1 Brief Writing Checklist

19.2 Oral Argument Preparation Checklist


APPENDICES

Appendix A  Standards of Review

Appendix B  Issue Statements and Point Headings

Appendix C  The Brief: Statement of the Case

Appendix D  The Brief: Summary of the Argument


TABLE OF AUTHORITIES


INDEX