Appellate Litigator

While representing appellants, Myron Moskovitz has won over 80% of his published appellate cases — a cut above the average 20% reversal rate for civil appeals. Learn more about his career in appeals:

» Success Rate » Appeals Overview » Services Available learn more »
Appellate Consultant

When other attorneys look for help with an appeal cases, they turn to Myron Moskovitz. He has helped hundreds of lawyers analyze their cases, write briefs, and prepare for oral argument.

» Myron's Legal Background » Evaluating Whether to Appeal » FAQ's learn more »
Appellate Teacher

Myron Moskovitz has taught lawyers throughout California how to strategize their writing to persuade judges. His book, Winning An Appeal, is a resource used by lawyers all over the country.

» Myron's Teaching Experience » Comments from Judges and Lawyers » Appeals Blog » learn more

TED CRUZ ON FRAMING THE ISSUE

Texas Senator Ted Cruz – a right-wing nut – is not my favorite politician. But many lawyers would be surprised to learn that he was a very successful U.S. Supreme Court litigator. In a recent New Yorker profile, Cruz said: In litigation, I tried to ask, What’s this case about? When the judge goes home [...]

Posted in Uncategorized | Leave a comment

LEGAL SCHOLARSHIP DOES NOT MIX WELL WITH LITIGATION.

A law professor recently wrote a scholarly book about the Supreme Court Justices, and he litigates cases before the same Justices. Can he do both at the same time honestly and well? I have my doubts. Because he does not want to offend the Justices who will decide his cases, he is likely to pull [...]

Posted in Uncategorized | Leave a comment

Is Discussion of Justices’ Religion “Off Limits”?

A few days ago I did a radio show in San Francisco with Harvard Law Prof Larry Tribe, who was promoting his new book (which is excellent) on the Roberts Supreme Court. At one point, we were discussing Town of Greece v. Galloway, a recent case where the Court held (5-4) that a town did [...]

Posted in Uncategorized | Leave a comment

Do Not Rely On Opponent’s Request for Oral Argument

This morning I argued an appeal in the First District (I won a reversal). I was last on the calendar, and while waiting saw an incident that should serve as a warning to all appellate counsel. The Presiding Judge called a case, and a young lawyer bounced up to the podium with a large stack [...]

Posted in Uncategorized | Leave a comment

Brief-Writing: My Guiding Principles

Follow three guiding principles when writing a brief. Principle #1: Clarity Is Primary. Unless your writing is clear, your brief is worthless. Appellate Justices and law clerks are busy. They do not want to – and won’t – take the time to decipher and untangle ambiguous phrases and complex sentences. In fact, they’ve been known [...]

Posted in Uncategorized | Leave a comment

DECIDING WHETHER TO APPEAL

[Here's an excerpt from the next edition of my book Winning An Appeal (Lexis):] Filing an appeal is risky and expensive. When a client first contacts me, I usually tell them I will help them in two stages. First, I’ll review enough of the record to enable me to advise them whether it makes sense [...]

Posted in Uncategorized | Leave a comment

ORAL ARGUMENT IN CALIFORNIA SUPREME COURT IS “THEATER OF THE ABSURD”, SAYS LAW PROF.

Last year, I wrote a short piece for the Daily Journal titled “Abolish Oral Argument?” I criticized California’s appellate courts for writing their opinions before scheduling oral argument. Now UCLA Law Prof Dan Bussel says the same thing, in a much more thorough and extensively-researched article. See Opinions First – Argument Afterward, at 61 UCLA [...]

Posted in Uncategorized | Leave a comment

ATTACKS ON OPPOSING COUNSEL CAN UNDERMINE YOUR CREDIBILITY.

I recently picked up an opposing brief in an appeal I’m handling. My opponent made some good points, substantively, but the justices might have trouble getting past his strong invective, as well as his overall nasty tone. He calls our arguments “facile”, calls one of our factual assertions “pure fantasy”, accuses us of “embellishing the [...]

Posted in Uncategorized | Leave a comment

APPEALS COURTS DON’T MERELY “FOLLOW THE LAW”.

I recently received a note from a lawyer who lost a case on appeal. He complained that the appellate court had failed to follow several binding Supreme Court cases. Here’s what I told him: Sorry about your loss. I don’t know the facts of your case, so I can’t tell whether I would have advised [...]

Posted in Uncategorized | Leave a comment

The Golden Rule of Persuasion

Put Yourself In The Shoes of the Decider. This is The Golden Rule of Persuasion. All other rules flow from this one. I learned it from my father, when I was nine years old. Dad had a small men’s clothing store in San Francisco. One day he took me to a trade show, where wholesalers [...]

Posted in Uncategorized | Leave a comment

Contact Myron Moskovitz

Submit your information with this form to schedule an appeal consultation or ask any questions you have to Myron Moskovitz.




Please verify the following characters below:

captcha

submit form »