Appellate Practice
Nov. 3, 2025
Appellate gotchas: Part 1
Appellate work involves diving into the record, crafting strategies and briefs, and arguing tough cases, all in the pursuit of justice for clients, while navigating "gotchas" that can unfairly block valid arguments.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
I love handling appeals.
I dig digging into the record, dreaming up winning strategies, scouring cases for nuggets of support, crafting the briefs, and even orally arguing tough cases. The whole shebang.
Well, not quite the whole. Not the gotchas.
What's a "gotcha!"? It's when some appellate judge says, "You can't argue that!" -- even when you're right. $95
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