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:

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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.

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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.

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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[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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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Two Ways to Win Appeals

There are two ways to win appeals. First, don’t take the losers. Second, win the winners. I do both. The two ways are related. Indeed, they are based on the same principles and insights. When someone asks me to handle an appeal, I tell them I’ll take the case in two stages. First, I’ll examine [...]

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