September 01, 2015

ready Resources: Ready Resources in Appellate Advocacy

Searching for additional resources in appellate advocacy? Take a look at the ABA publications and CLE programs below, and check out the helpful links to website resources hosted by the GPSolo Division and the ABA. To order any of the products listed below, call the ABA Service Center at 800/285-2221 or visit our website at shopaba.org.

Building Your Best Argument

By Cecil C. Kuhne III (ABA Solo, Small Firm and General Practice Division; 2010; 5150439; $79.95; ABA member price $69.95; GPSolo member price $64.95)

This book helps lawyers strategize to fully inform judges about the case’s background and to carefully construct an argument that both candidly and completely applies the facts to law.

Federal Appellate Court Law Clerk Handbook

By Joseph L. Lemon Jr. (ABA Solo, Small Firm and General Practice Division; 2007; 5150312; $59.95; GPSolo member price $44.95)

This book provides the ammunition that new and soon-to-be clerks need to perform their duties successfully from the first day in chambers. It is also valuable to those considering applying for an appellate clerkship who want to learn the nuts-and-bolts of what the job actually entails.

Technology Solutions for Today’s Lawyer

By Jeffrey Allen and Ashley Hallene (ABA Solo, Small Firm and General Practice Division; 2013; 5150463; $89.95; GPSolo member price $75.95)

Technology poses numerous challenges and opportunities for attorneys. This book provides detailed information in basic terms to help navigate the challenges lawyers face in keeping abreast of technology and using it as a strategic tool within their practice.

ADR Hot Topics: Appellate Arbitration, Sanctions and Arbitrability (Online Course)

(ABA Center for CLE; 2015; CE1506ADRUMB; $119; ABA member price $99; 1.0 credit hours; also available on CD-ROM and as an audio download)

Arbitration is shunned by some because of the absence of an appeal. But appellate arbitration rules exist and can be availed of—the question is, should they be? Arbitrability is a thorny question—just when do courts, rather than arbitrators, decide this question? Learn the answers to all these questions in a lively and informative conversation by our panelists.

The Amicus Brief: Answering the Ten Most Important Questions About Amicus Practice, 4th Edition

By Reagan W. Simpson and Mary Vasaly (ABA Tort Trial and Insurance Practice Section; 2015; 5190520; $139.95)

This incisive publication provides guidance on writing and understanding amicus briefs, with practical suggestions on all aspects of the amicus practice.

Appellate Practice Compendium

Edited by Dana Livingston (ABA Book Publishing; 2012; 1620494; $199.95; ABA member price $179.95)

This exhaustive reference is the complete insider’s guide to appellate practice rules and procedures of all 50 states and Washington D.C., all federal circuit courts, and the U.S. Military Appellate Court.

A Brief Guide to Brief Writing: Demystifying The Memorandum of Law

By Janet S. Kole (ABA Section of Litigation; 2013; 5310427; $39.95)

This book will enable brief writers to understand and tell the client’s story in a persuasive and effective manner. Use this book as an outline or a refresher for any type of brief that must be written, whether it’s a main brief, reply brief, or sur-reply, and whether it’s a lower court or appellate brief.

The Court of the Future: Use of Court Technology In the Next Generation (Online Course)

(ABA Center for CLE; 2014; CET14COFUMB; $149; ABA member price $129; 2.0 credit hours; also available as an audio download)

This program examines how courts and the judicial process will change with the next generation of technological innovations. The program focuses on the use of technology not simply to improve current practices but to reimagine the entire judicial process from intake through the issuance of an appellate mandate.

Effective Appellate Advocacy, Revised Edition

By Fredrick Bernays Wiener (ABA Section of Litigation; 2004; 5310333; $110)

In this timeless book on appellate advocacy, now revised for today’s litigator, one of the great appellate lawyers tells you how to most effectively prepare a brief and argue a case on appeal.

From the Bench: All the World’s a Stage (Downloadable Article)

By Cathy R. Silak (ABA Section of Litigation; 2005; $19.95; ABA member price $14.95)

When arguing before an appellate panel, it’s not enough to know the briefs and the case law. Appellate advocates must learn the intricacies of the forum and its members, in addition to performing a dress rehearsal, before stepping into the spotlight. (Published in Litigation magazine, Winter 2005, 31:2.)

The Litigation Manual, Third Edition: Special Problems and Appeals

By John G. Koeltl and John S. Kiernan (ABA Section of Litigation; 1999; 5310264V3; $95)

This collection of articles from Litigation magazine presents the strategies, techniques, and practical wisdom of many of the country’s preeminent trial lawyers and judges.

The Practitioner’s Guide to Appellate Advocacy

Edited by Anne Marie Lofaso (ABA Section of Litigation; 2010; 5310396; $89.95)

This book takes you step-by-step through the process of appellate advocacy, offering practical advice and diverse viewpoints from appellate advocates in private practice, the government, and academia.

Questions From The Bench

By Douglas S. Lavine (ABA Section of Litigation; 2004; 5310334; $65)

Learn how to respond to a judge’s questions directly and persuasively. Written by a trial judge, this guide includes a discussion of general principles related to advocacy as well as basic approaches, themes, and “rules” to consider when answering questions from the bench.

Ten Rules for a Successful Appellate Argument (Downloadable Article)

By William K. Suter (ABA Government and Public Sector Lawyers Division; 2010; $19.95; ABA member price $14.95)

Written by the clerk of the U.S. Supreme Court who has witnessed more than 1,300 oral arguments, this article (published in The Public Lawyer, Winter 2010, 18:1) offers practical tips for making your case, along with fascinating war stories.

Veterans Appeals Guidebook: Representing Veterans in the U.S. Court of Appeals for Veterans Claims

Edited by Ron Smith (ABA Section of Administrative Law and Regulatory Practice; 2013; 5010075; $69.95; ABA member price $59.95)

Explore this valuable resource that assists practitioners representing veterans and other claimants who are appealing or wish to appeal to the U.S. Court of Appeals for Veterans Claims.

What to Do When the Jury Gets It Wrong (Downloadable Article)

By Charles W. Douglas (ABA Section of Litigation; 2006; $19.95; ABA member price $14.95)

Even the most experienced and successful lawyers have probably encountered a jury’s verdict that just wasn’t right. This article (published in Litigation, Fall 2006, 33:1) shows you how to prepare for an appeal but also discusses your options before the jury even disbands: a jury poll or jury interviews.

(ABA Center for CLE; 2013; CE1411APTUMB; $119; ABA member price $99; 1.0 credit hours; also available on CD-ROM and as an audio download)

Successful trial attorneys understand the importance of preserving issues on appeal at the trial level before, during, and after trial. In this program, our expert panelists will cover the essentials of appellate advocacy, including critical rules of appellate procedure and preservation of error; discuss effective brief writing; and explore how to make the most out of oral argument.

GPSolo Division Links

"e-briefs and e-filing are e-z" GPSolo magazine, June 2004: tinyurl.com/pwy894z

"How to Build Electronic Briefs" GPSolo magazine, June 2010: tinyurl.com/q4h9gpx

Resource page for starting and running a law firm: tinyurl.com/clwojlp

Solo/Small Firm Forms Library: ambar.org/gpsoloforms

Sponsors page: tinyurl.com/7bzft7p

Popular Threads on SoloSez

"Criminal: Delivering the Worst of News. Advice?," tinyurl.com/ok5wzr3

"How Do You Handle Losing?," tinyurl.com/o9vv73o

"If You Could Ask Two Appellate Judges Anything," tinyurl.com/q9nh56b

Other Links from the ABA

ABA Section of Litigation: americanbar.org/litigation

ABA Solo and Small Firm Resource Center: ambar.org/soloandsmallfirms