Bar Bulletin

Bar Bulletin

always Appealing: The Respondent Who Knows Too Much

September 2022 Bar Bulletin

By Howard M. Goodfriend

Appeals present all types of procedural traps for appellants. Appellant’s counsel must have a grasp of the rules regarding preservation of error, the standard of review, and harmless error, to name but a few. In this article, we focus on a different problem — responding to an appellant’s brief that simply misses the mark by failing to address the law or the facts that might support an argument for reversal. This is the quandary for respondent’s counsel who knows too much — that is, knows the weaknesses that appellant’s counsel has missed.

If the appellant has not done a good job...

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