Appellate lawyers often find themselves desperate to relive the past, yearning to appear magically in the lower court and make that killer argument they now fear was waived and forever lost. Martin J. Siegel advises lawyers not to surrender to an opponent's waiver argument. When it seems trial counsel overlooked a potentially winning argument to the trial judge, options remain.
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Appellate Practice: How to Beat Waiver Arguments
Texas Lawyer
June 18, 2012
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