Appellate Lawyers: How Do You Argue?

[Tertullian]

I am considering a career in appellate law practice, and am wondering how argumentation, both in briefs and oral arguments, works in appellate law. Must an appellate lawyer use a the same basic arguments for any given topic (if he specializes in free speech trials, for example), or does he ? Is appellate argumentation about applying a basic argumentation concept to (i.e. for free speech questions), or crafting a creative argument from the constitution and logic each time? Any other explanations of the appellate argumentation process you can offer are appreciated!

 

[adjusterjack]

Depending on the case, the answers to both your questions could be yes, or they could be no. Lawyers spend years learning this stuff and a paragraph or two on a website isn't going to help you.

Go to law school. Get a law degree. Pass the bar. Work as a lawyer for many years and the answers to your questions will become clear to you.