Taking a case for appeal is a tough job. And getting tougher as court dockets get more crowded. You need to know how to keep every aspect of your appeal moving smoothly ...from filing the right papers by the right time with the right people ...to presenting briefs and arguments in a way that holds the court's attention (but doesn't eat up its time)...to following through on your post-decision responsibilities.
The Practising Law Institute's How to Handle an Appeal helps you do the job. There's no other guide to the appellate process quite like this A-to-Z resource. Between its covers, you'll find everything you need to give yourself the best shot at winning any appeal you handle.
This easy-to-read guide takes you step-by-step through the entire process. From practical advice on what you need to do even before the initial trial is over to proven-to-work ways you can improve your chances for success in every subsequent court ...right up to and including the U.S. Supreme Court.
 What are the dangers in winning too well? "Overwinning" may doom your client's chances in an appeal ...or even preclude you from making an appeal. Find out when and why you may not want to "go to the limit" in a trial;
Get tips on turning your oral arguments into powerful exercises in persuasion;
Maintain a high level of professionalism and fairness in the heated adversarial setting;
Subtly win over judges by making it easier for them to understand the key issues in your case;
Learn why the "devil is in the details." Get cautionary advice on a wealth of unexpected "little things" that can trip you up ...from stenographic errors, to photocopying documents, to keeping track of deadlines;
Don't lose the appeal before it begins. Discover how to avoid the surprising pitfalls that can result in a dismissal;
Step-by-step advice on the sine qua non of successful oral argument: coping with judicial questioning. Advice that could help you win your next appeal!;
See how to use different game plans for different courts ...whether it's the well-defined boundaries of an intermediate court or the creative possibilities that can flourish in the U.S. Supreme Court;
Avoid the disastrous error that, according to one appellate judge, renders more than 75% of all briefs completely unhelpful;
Pros and cons of different forms of fee arrangements. Which will work best for you?
How to use humor ...overcome stage fright ...maintain confidence even in the face of tough questioning from the bench;
How to guard against losing a case by a sua sponte ruling;
Ways to steer clear of the pitfalls that can form the basis for dismissal of an appeal. (Or capitalize on them if they're made by your opponent!);
Identifying appeal "breakers" ...time extensions, where to appeal, and more;
When to raise a new argument in appeal in support of a point not raised in the lower court;
What are the three methods of appendix preparation ...and the problems raised by each?;
The "weak link" of your case. How do you deal with it best?;
Filing electronic briefs and appendices;
How to state each issue as a question to which there is only one answer ... the one favorable to you;
Organizing a statement of facts to convey a powerful impression that your client must prevail;
The impact of revised rules on practice in the U.S. Courts of Appeals and the U.S. Supreme Court, including solutions to complex problems...how to avoid minefields that can destroy your case...where, when and how to move ahead at every turn;
PLUS--extensive sample forms and briefs...tips drawn from the author's decades of on-the-firing-line experience in the nation's appellate courtrooms...innovative ways to solve every problem you're likely to face before, during and after an appeal!
How to Handle an Appeal is the clearest, most complete guide available to negotiating your way through the appeals process--and coming out on top. Filled with creative insights as well as cautionary tales, it will help you put together a game plan that might otherwise take you years of trial and error.
Table of Contents includes:
Preservation of Points for Appeal;
Practical Problems: Relations with Other Counsel, Fees, and Retainers;
Important Technical Problems on Appeals;
Taking an Appeal and Related Matters, Including Dismissal of Appeals;
Perfecting the Appeal: The First Stage;
The Appellate Brief: Preparing the Draft and Related Matters;
The Appellate Brief: Revision, Completion, and Related Matters;
Relations with Clients and Other Attorneys;
Oral Argument;
The Decision--What to Do Thereafter;
Practical Suggestions for Practice in the United States Courts of Appeals;
Practical Suggestions for Practice in the United States Supreme Court;
Appendix A Checklist for Appellate Practice;
Appendix B Forms;
Appendix C Briefs;
Appendix D Federal Rules of Appellate Procedure;
Appendix E Rules of the Supreme Court of the United States;
Appendix F Rules on Typeface, Type Style, and Type Volume;
Appendix G Briefs in Flanagan v. First Unum Life Insurance Co.
*Important! Supplement Update Policy: Like most attorney-practitioner titles, this item may be supplemented from time to time with updates by the publisher in order to reflect any changes in the legal topic area covered. These updates are important in ensuring that your item always reflects the most up-to-date legal information. Your purchase price includes the cost of all previous updates and any updates that may be issued within 60 days of your purchase. After that period, subsequent supplements will be sent to you directly from the publisher for your review and purchase.
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