Flat-Fee Legal Billing Can Liberate Attorneys

My op-ed on the joy of handling appellate work on a set-fee basis, reproduced below and downloadable above, was published by Law360 on November 4, 2019. It was Law360’s most-viewed Expert Analysis during that week. The op-ed was republished in the February 2020 edition of DRI’s For The Defense magazine. Have you discovered the joy of […]

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“Friendly Guidance” from the Supreme Court Clerk

The Clerk of the Supreme Court of the United States has posted a Memorandum To Those Intending To File An Amicus Curiae Brief (October 2019). For attorneys with experience authoring and filing Supreme Court amicus briefs — see Learning the High Art of Amicus Brief Writing — the Clerk’s guidance does not contain any earthshaking

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Make Amicus Briefs Part of Your Advocacy Program

Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical

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You Too Can Be a Supreme Court Practitioner

DRI Panel: What Does It Take To Develop and Conduct a U.S. Supreme Court Practice? Two Supreme Court practitioners, a nationally renown legal marketing & brand strategy expert, and a highly experienced Supreme Court printer, will answer this question in detail during the “You Too Can Be a Supreme Court Practitioner” panel at the DRI

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Redefining “the Supreme Court Bar”

Groucho Marx famously said “I don’t want to belong to any club that would accept me as a member.” Unlike Groucho’s club, the Supreme Court Bar is a “club” in which a multitude of talented appellate lawyers throughout the United States—not just an elite handful of marquee players—can be, should be, and in fact are,

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The REAL Supreme Court Bar

Late last year the U.S. Supreme Court instituted a new electronic filing system. Among other things, anyone with a computer, tablet, or cell phone now can access newly filed petitions and briefs. Simply search the Court’s online docket for a particular case, click on its docket number, scroll through the hyperlinked docket entries, and read,

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Thinking Amicus

Effective use of amicus curiae (“friend of the court”) briefs is an important part of appellate practice in federal and state courts.  Every lawyer who is handling or managing an appeal should “think amicus.”  In other words, think about whether submission of one or more amicus briefs would be helpful to your client’s position. Thinking

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Trade Associations Want to Know: How Much Does an Amicus Brief Cost?

The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a

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Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy

On October 12, 2017, Capital Appellate Advocacy founder Larry Ebner participated in a Strafford live webinar, “Strategic Use of Amicus Briefs in Appellate Advocacy.” Larry and two additional highly experienced appellate specialists, Averil Rothrock and Mary-Christine (M.C.) Sungaila, covered many amicus brief-related topics, such as the following: Click here to download the webinar Power Points.

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