Law360 (October 21, 2009, 1:42 PM EDT) -- As oral argument continues to lose favor with overworked appellate courts, appeals are increasingly being won or lost on the strength of the brief, lawyers say.
Bad brief writing can doom a case long before the hearing date is set, but if you follow these five golden rules, you'll put your best foot forward.
Honesty Is the Best Policy
The worst thing a lawyer can do is try to pull the wool over the court's eyes to advance his case, according to experienced practitioners.
Misrepresenting the record, misquoting cases, or omitting facts and precedent to hide the weaknesses in your argument...
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