NYU School of Law

Effective Appellate Advocacy:
Views from the Bench and the Bar

Sponsored by the Dwight D. Opperman Institute of Judicial Administration,
the Edward Coke Appellate Inn of Court, and the American Academy of Appellate Lawyers


Three leading organizations in the fields of appellate courts and appellate litigation have joined together to offer a half-day program on appellate advocacy. Federal court of appeals judges, joined by experienced appellate lawyers, will discuss many of the crucial issues that confront appellate advocates, including how to select issues for appeal, how to prepare a winning brief, how to deal with facts and precedents, and how to present a persuasive oral argument. The discussion will be guided by faculty members from New York University School of Law, and there will be an opportunity to ask questions.

Friday, April 20, 2012 | 8:45 a.m.–12:30 p.m.
Federal Circuit Courthouse, 717 Madison Place, N.W., Washington, D.C.

8:45–9:30 a.m.  Registration and Continental Breakfast

9:30–10:50 a.m.  Written Advocacy

This panel will consider:

The Statement of the Case (What belongs in the statement of the case? What are the issues on appeal? How much of a story should you tell? What is the right tone? What are the statutory frameworks? Should you include an argumentative introduction?)

The Summary of the Argument (Does the Summary matter? What are the best strategies for content?)

The Argument (Is arguing in the alternative a good idea or a bad idea? How to deal effectively with unhelpful precedent? What is the most effective way to use case law? What about the standard of review?), and

The Conclusion (What should it contain?)

Panelists

U.S. Court of Appeals Judges
Hon. Thomas Ambro (Third Circuit)
Hon. Timothy Dyk (Federal Circuit)
Hon. Brett Kavanaugh (D.C. Circuit)

Appellate Practitioners
Robert A. Long, Esq. (Covington & Burling LLP)
Luther T. Munford (Phelps Dunbar LLP)
Moderator: Prof. Samuel Estreicher (NYU School of Law)

10:50–11:00 a.m.  Break

11:00 a.m.–12:15 p.m.  Oral Advocacy

This panel will consider:

When (and When Not) to Seek Oral Argument

How to Prepare for Oral Argument (learning the record; preparing on case law; developing an argument theme and strategy; splitting argument time: effective strategy or dividing and selfconquering?; moot courts; what materials to have handy; how to organize podium materials; and learning about the court)

How to Argue the Case (deciding the order of arguments to present; successful strategies for opening as appellant or as appellee; communicating effectively during argument; how to handle questions, including hypotheticals; how to get your message out amid heavy questioning; and making concessions: yours and theirs), and

Demonstratives and Other Oral Argument Techniques

Panelists

U.S. Court of Appeals Judges
Hon. Thomas Ambro (Third Circuit)
Hon. Brett Kavanaugh (D.C. Circuit)
Hon. Diana Gribbon Motz (Fourth Circuit)

Appellate Practitioners
Patricia A. Millett, Esq. (Akin Gump Strauss Hauer & Feld LLP)
Moderator: Prof. Troy McKenzie (NYU School of Law)

12:15-12:30 p.m.  Questions and Closing Remarks


Registration is required.  To register, please click here.

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