Appellate Advocacy: You Must Master the Record

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