Appellate Lawyers: How Do You Argue?

T

Tertullian

Guest
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!
 
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.
 
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