As a break from my usual format, as well as a break from the sometimes unfortunate tendency of the headstrong (including lawyers) to talk over prior mistakes, I want to start with a “correction” related to my last appellate practice column.
In my last column, “Suggestions for Effective Appellate Oral Argument,” published Aug. 18, I boldly, and without full consideration, overstated my argument in choosing not to always use rebuttal time. More specifically, I put my foot in my mouth in the following way:
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