In a case where no binding precedent exists to govern the outcome, what's an accomplished appellate attorney to do? Commentator and litigator Howard J. Bashman examines this perennial dilemma, particularly in light of a recent 7th Circuit decision in which Chief Judge Frank H. Easterbrook chided attorneys for giving too much weight to a federal district court opinion.
May 07, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Related: Bashman Archive
At an appellate oral argument, a judge who is not persuaded by an attorney’s argument may ask the attorney, “Counselor, do you have any authority for that proposition?” The citation of authority, along with ability to persuade appellate judges why existing authority compels a particular ruling in a given case, are the mainstays of a successful appellate practitioner.
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