In the following interview, Chief Justice John Roberts contrasts reading a bad brief, which he likens to hacking through a jungle with a machete in an attempt to get to the point, with reading a good brief, which allows the…

OK so we all make grammar mistakes. We type “its” rather than “it’s.” But we cringe when a bus drives by with Blue Cross/Blue Shield’s latest slogan “Live Fearless!”  It’s like fingernails on a chalkboard. In her book Eats, Shoots…

Prospective clients often ask me about the statistical possibility of being heard by the Pennsylvania Supreme Court.  I typically tell them that the likelihood of being heard is remote.  In 2011, the court received 2,363 petitions and granted only 101. …

Although the Superior Court affirms over 80% of the time, the statistics show an increased percentage of reversals in cases argued before the assigned panel. For each of the calendar years 2007 – 2011, roughly 10% of the cases submitted…

Question: In a direct criminal appeal, can a defendant raise the issue that his trial counsel did not provide effective assistance of counsel? Answer: For now at least, the answer is generally “No.” In Commonwealth v. Grant, 813 A.2d 726…

Years ago I had the opportunity to watch oral argument in a contract case in the Court of Appeals in London. The argument went on all morning.  Then the judges broke for lunch and announced their intent to return for…

“One picture is worth ten thousand words.” This familiar maxim was coined (according to the Oxford Dictionary of Quotations) by Frederick R. Barnard, in the publication “Printers Ink” on March 10, 1927. It is not a Chinese proverb. It is,…

Why use sparingly? Many Readers dislike visual impact—requires shift to shorter line length Surveys show judges and staff attorneys tend to skip over quotes more than six or seven lines in length Judges view them as evidence of laziness When…

Appellate advocates regularly wrestle with the task of presenting the facts of a case in a light most favorable to a client without engaging in “argument.” Although there is no bright line separating “argument” from effective advocacy, a review of…

The effective use of headings not only organizes the arguments but also assists the reader who loses the thread to get back on track.  Briefs are boring.  Headings allow a reader who loses concentration and dozes off in the middle…