Appellate Advocacy

A famous British jurist once said, “If no appeal were possible… this would not be a desirable country to live in.” The same can be said of this country. The members of the DRI Appellate Advocacy Committee believe that a strong appellate judiciary is a key to fairness in our judicial system. The ability to appeal an adverse judgment is an important check on arbitrariness or lawlessness by trial judges and juries. Confidence in our judicial system would necessarily decline if litigants did not have the comfort of knowing that appeal is an option.

Appellate specialists play an important role in maintaining confidence in our legal system. Busy appellate judges must rely on appellate counsel to educate them about the cases on appeal. This puts a premium on analysis and writing. Appellate lawyers must be able to properly analyze the case and write a cogent, powerful brief. When appellate counsel demonstrates this ability, the quality of appellate opinions improves.

In the end, that is the mission of the DRI Appellate Advocacy Committee. We seek to improve the appellate system by improving the quality of appellate lawyering. Whether you are a full-time appellate lawyer, or make only an occasional appearance in appellate courts, our committee can help raise your game.

Members of our committee showcase their writing abilities on a frequent basis, through publications such as our biannual newsletter, Certworthy, and the monthly “Writers’ Corner” columns in For The Defense. Also, look for our committee-produced articles in the November 2009 issue of For The Defense. Our committee members have made writing their avocation, so there is much to learn by reading their articles.

Our committee will present its eighth national appellate seminar in November 2009 in San Diego. As usual, our speakers list will include distinguished judges, academics and appellate lawyers from across the country. It is not our practice to recycle committee members through the speaking slots in our programs. We also strive to bring in the best national speakers that the appellate community can offer. And we strive to present cutting-edge and unique topics. For example, our 2008 seminar topics included persuading through the typographical appearance of your brief, recent trends in appellate courts (presented by the director of the Administrative Office of the U.S. Courts), judicial use of legal reasoning, the impact of the Internet on briefs and appellate opinions, and bringing a cold record to life (presented by a prominent journalist).

Another function of our committee is to assist DRI in its amicus efforts. Our Amicus Subcommittee supplies amicus authors for the cases selected by the DRI Amicus Committee. In this way, we help ensure that DRI's voice is heard on important defense-related issues.

The DRI Appellate Advocacy Committee is the one national group devoted to the needs of defense-oriented appellate lawyers. Come join us in our mission.

Articles

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Committee Chair

Scott Burnett Smith

Bradley Arant Boult Cummings

(256) 517-5198
E-Mail: ssmith@babc.com

Committee Vice-Chair

Diane B. Bratvold

Briggs and Morgan PA

(612) 977-8789
E-Mail: dbratvold@briggs.com

Seminar

Appellate Advocacy

Thursday, November 05, 2009
Hilton La Jolla Torrey Pines
La Jolla, CA

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