Get to the Point and Be Prepared By Sharon A. Balsamo May 20, 2010, 5:33 PM
Be short. Be clear. Be concise. Come right to the point. Include a Preliminary Statement, and use footnotes sparingly. That was the message from a NJ Supreme Court justice, a Third Circuit judge and an appellate division judge at today's program, "Now That's Appealing: Everything You Need to Know About Appellate Work in the State and Federal Courts." The three panelists did not hold back in making it clear that whatever appellate attorneys can do to make their life easier, they should do it. If you can say it three words instead of five, do it. If you can cite to specific examples in the record of the point you're trying to make instead of just to the record generally, do it. If you can include a pinpoint cite to a case and not just the case itself, do it. Briefs should be user friendly and exhibit passionate, but honest, advocacy. And, when it comes to oral argument -- rememebr where you are and come prepared! Compose yourself accordingly. Be ready to hold a conversation, not a lecture, but be ready to know your subject matter as well as the justices or judges with whom you will be conversing. And, finally, leave your props at home. In the end, you may not always prevail, but you will earn a fine reputation as an effective and noteworthy apellate counsel.
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