Every appellate practitioner knows that the success or failure of an appeal depends upon a number of important factors. Among them are a correct understanding and application of the substantive and procedural law involved, and an ability to advocate one’s position persuasively to the reviewing court. Many of the skills associated with these factors are acquired in law school clinical settings, through continuing legal education courses, and by trial and error resulting from years of handling appeals.
While these are all useful methods of instruction, another valuable insight into effective appellate advocacy—indeed, perhaps among the most useful—is simply to consult the people ultimately charged with deciding the appeals, i.e., the judges who hear them. This article solicited philosophical and anecdotal input from a small (albeit fairly representative) sampling of appellate judges. What follows are their thoughts and suggestions on what is required to maximize the prospects for a successful appellate outcome.1
