Judge Alex Kozinski, chief judge of the Court of Appeals for the Ninth Circuit, says that, for appellate advocates, knowing the record is oftentimes more important than knowing the law:
Arguing about the law in the abstract is interesting and fun, but what wins cases is the lawyer’s ability to marshal the facts littered over an extensive trial court record in a way that’s consistent with favorable controlling authority. . . . In real-life appellate advocacy, the record plays a key role, and a lawyer’s master of the record–or lack thereof–often makes the difference between winning and losing. Alex Kozinski, In Praise of Moot Court–Not!, 97 Columbia L. Rev. 178, 189 (1997).
