July 19, 2021 | New Jersey Law Journal
When More Than One Attorney Argues an AppealAPPELLATE ANSWERS: There are few cases where more than one attorney argues an appeal. Yet, some matters or circumstances lend themselves to it. A sensible split argument, by counsel who recognize the benefits offered to the court, can result in two being better than one.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
June 04, 2021 | New Jersey Law Journal
What Appellate Judges Don't Want You to DoAPPELLATE ANSWERS: A series of "please don'ts" from appellate judges, delivered under a promised cloak of anonymity.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
April 23, 2021 | New Jersey Law Journal
Does It Matter Which Side Files an Appeal First?APPELLATE ANSWERS: Is there a difference in being the appellant or the respondent/cross-appellant? There are several considerations that might impact this decision.
By Marie E. Lihotz and Marianne Espinosa
7 minute read
March 12, 2021 | New Jersey Law Journal
Should Clients Attend Oral Argument?APPELLATE ANSWERS: Obviously, the client has an absolute right to come to oral argument and, certainly, you must keep your client informed about the progress of the case. But before you encourage your client to attend, first ask yourself: Why do you want your client there?
By Marie E. Lihotz and Marianne Espinosa
6 minute read
February 02, 2021 | New Jersey Law Journal
Coming Apart Without ThemesAPPELLATE ANSWERS: Without a theme stitched throughout each phase of a presentation, you are left with a series of somewhat disjointed facts, people, or events, and the overall message unravels.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
December 24, 2020 | New Jersey Law Journal
Appellate Results Are Not Always Predictable Based on Interactions at Oral ArgumentAPPELLATE ANSWERS: It is what happens after oral argument—unseen by the litigants and lawyers—that determines how the case will be decided.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
November 06, 2020 | New Jersey Law Journal
Collegial Deliberations Are the Heart of Appellate Decision-MakingAPPELLATE ANSWERS: How do appellate judges gain the knowledge and insight into so many areas to write and make law?
By Marie E. Lihotz and Marianne Espinosa
6 minute read
August 28, 2020 | New Jersey Law Journal
Tips on Securing the Record for AppealAPPELLATE ANSWERS: One hallmark of a good trial attorney is the ability to work simultaneously on two planes—advocating to win at trial while laying the groundwork for any necessary appeal.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
July 24, 2020 | New Jersey Law Journal
Effective Telephonic Arguments before the Appellate DivisionAPPELLATE ANSWERS: Two former appellate judges offer suggestions for maximizing your effectiveness in the telephonic forum.
By Marie E. Lihotz and Marianne Espinosa
6 minute read
June 19, 2020 | New Jersey Law Journal
Insights on Developing the Factual RecordAPPELLATE ANSWERS: Facts matter. The extent to which legal arguments are likely to succeed is greatly affected by their factual context. So, care must be taken to protect the full development of the factual record.
By Marie E. Lihotz and Marianne Espinosa
5 minute read
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