Spoon-Feed the Appellate Judges

Richard PosnerImage via Wikipedia

Picture 3.png That’s just one piece of advice offered by Seventh Circuit Judge Richard Posner in his turn at the ABA Section of Litigation’s “Tips from the Trenches” column, titled “Convincing a Federal Court of Appeals.” Attorneys who fail to take into account that the appellate judges are not specialists and have a limited time to deal with each case are making a mistake; a judge “depends on the lawyers to provide enough background in the field out of which the case emerges to orient” the judge.

Tip no. 2: don’t think you can win by “rubbing the judges’ noses in the precedents.”

This terrific column provides lots of practical advice, closing with an 8-item list of “do’s and don’ts” of oral argument.

Hat tip: How Appealing.

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