The Champion

August 2007 , Page 10 

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138 Apellate Judges Can't Be Wrong

By David Lewis

What I Learned When I Asked Appellate Judges About Their Advocacy Preferences

Several years ago, I began investigating the attitudes of appellate judges regarding various aspects of appellate advocacy. My interest in their responses was both professional and personal: I have been litigating civil and criminal appeals for a number of years, find them extremely interesting and challenging, and am always striving to make myself better at them. I also assist other lawyers who litigate appeals less often than I do and I try to make my advice as helpful and informed as possible.

I learned several interesting lessons from the survey data I collected. While much of what I learned was confirmatory, a few things I learned were more of a surprise. In this article, I will display a selection of the data concerning the things I learned that I would characterize as the most important to remember as you are writing your next appellate brief. Before moving on to the data, how

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