AN APPEAL TO REASON

In a recent article in the Daily Journal, the writer reported on the appellate firm of Greines, Martin, Stein & Richland. She noted that the Greines firm, which frequently competes with appellate firm Horvitz & Levy, has 25 lawyers who, according to Horvitz lawyers, are "friendly competitors and respectful adversaries." I agree. That's one of the nice things about practicing appellate law. Maybe it's because we come across each other so frequently that we try to maintain a friendly civility toward each other. It is very much a polite society. Although I don't usually compete with either firm for business, I often find myself facing one or both on the other side.

The author notes that "one thing most appellate specialists seem to share is an academic love of law and language." So true! That's not to say that trial attorneys can't enjoy this area of the law, but I find trial attorneys are usually stronger in oral presentation skills rather than in writing and research. Another difference is that appellate attorneys enjoy working with books while trial attorneys seem to enjoy being among people.

The author notes that "Along with growth in this specialty practice has come a move toward bringing appellate lawyers into a case earlier and earlier, even while it is still being conceptualized." Now we're making progress! I can think of many times that such a strategy would have been invaluable in protecting the appeal. For instance, I have observed how much money will be spent on winning or opposing a motion for summary judgment but the documents are not shared with an appellate attorney for review in the early stages of the motion. I think it is a good move to obtain such a review to make sure the trial attorney has presented the important facts and prepared a solid separate statement. Having an appellate attorney review the motion can be valuable in identifying triable issues, preparing objections, and responding to the separate statement.

The article omitted any mention of one of the founding members, Martin Stein, who has been my opponent on medical malpractice appeals. Always a gentleman and a worthy opponent. And a special recognition of Robin Meadows, who can often be found on the seminar circuit, especially talking up the virtues of e-briefs.

Now, if only I could figure out which attorney plays the Australian didgeridoos (an aboriginal wind instrument).