As more than one litigator has learned firsthand, even a persuasive and well-written appellate brief along with a compelling oral argument do not guarantee victory on appeal. In this commentary, attorney Howard J. Bashman examines this seeming conundrum as he looks at the art and science of effective appellate advocacy.
April 09, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Related: Bashman Archive
U.S. Supreme Court Justice Harry A. Blackmun famously graded the performance of oral advocates arguing cases before the Court. Now those grades, contained in the Blackmun papers at the Library of Congress, are providing fodder for academics seeking to analyze how the quality of advocacy at oral argument influences the result in cases the Supreme Court decides on the merits.
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