Below are some personal thoughts on appellate advocacy that I have learned from my 15 years on the Appellate Division, First Department bench.
Believe it or not, some appellate lawyers are so eager, they don’t bother to introduce themselves to the court. So, always say, "Good afternoon, my name is Sam Jones, from the firm of ABC, appearing on behalf of appellant X." But, don’t schmaltz it up. None of this: "I have the honor and privilege of appearing for appellant X." And, never, never ask appellant X to stand while you introduce her to the assemblage, something you might do at the outset of a trial. And, while on this point, if you happen to invite your client and the client’s immediate family to view your formidable advocacy skills, be mindful of not "playing" to that invisible jury. Appellate judges don’t like that. They are the jurors.
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