Peter Smythe, P.C.

One of the first ques­tions (if not the pri­mary ques­tion) that I am asked about appeals is about the cost invol­ved. And very often I res­pond by saying that appeals, as with other things in law, are very expen­sive. The expense does not derive from filing fees, transc­ript fees, or any other fees, but the pre­pa­ra­tion nee­ded to skill­fully pur­sue the appeal. A law­yer, no mat­ter how smart he is, must mas­ter the case and that takes a lot of time. Below are some quo­tes from some famous law­yers about the advo­ca­tes’ need to pre­pare his case:

[P]roper pre­pa­ra­tion is the be all and end all of trial suc­cess. Louis Nizer, My Life in Court 10 (1963).

The bet­ter pre­pa­red a law­yer is, the more likely the attor­ney is going to get to the heart of the mat­ter. Hon. Paul Tur­ner, Oral Argu­ment and the Jud­son Welli­ver Society, 14 Cal. Litig. 16, 18 (No. 1, 2001).

Effec­tive argu­ment requi­res care­ful pre­pa­ra­tion. Among other things, the law­yer should com­ple­tely review that part of the record bea­ring on the appeal, reread the key cases, and index the evi­dence (transc­ript and exhi­bits) for ready refe­rence during argu­ment. The old adage for suc­cess applies to appe­llate as well as trial advo­cacy: 99 per­cent pre­pa­ra­tion and 1 per­cent ins­pi­ra­tion. Hon. Myron H. Bright, The Ten Com­mand­ments of Oral Argu­ment, 67 ABA J. 1136, 1137 (1981).

I am never easy now when I am hand­ling a case until I have boun­ded it north, boun­ded it south, and boun­ded it west. Abraham Lin­coln (as quo­ted by Fran­cis Well­man, Day in Court: Or, the Subtle Arts of Great Advo­cates 39 (1910)).

[S]et aside twice as much time as you judge will be neces­sary for the pre­pa­ra­tion of the argu­ment. H. Graham Mori­son, Oral Argu­ment of Appeals, 10 Wash. & Lee L. Rev. 1, 4 (1953).

The effec­tive oral advo­cate first pre­pa­res for the con­ver­sa­tion at oral argu­ment by tho­roughly lear­ning the record. No case is deci­ded without refe­rence to the facts, and abso­lute mas­tery of the facts is essen­tial to every legal issue on which the case may turn. Cathe­rine Vale­rio Barrad, Suc­cess­ful Oral Argu­ments Do Not Involve Any Arguing, S.F. Daily J., 4 Aug 2004, at 5.

You might also like:

• Texas Appe­llate Judi­cial Survey
• Appe­llate Advo­cacy: You Must Mas­ter the Record
• Wri­ting an Effec­tive Appe­llate Brief
• Tam Trust: Unrea­so­nably Rea­so­na­ble Attor­neys’ Fees
• The Supre­macy of Facts in Appeals