Practice Before the Fifth Circuit: Briefs and Oral Advocacy – A Way To Do It
Rahdert, George K.
Roth, Larry M.
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Two former law students who clerked for the United States Court of Appeals for the Fifth Circuit offers advice on how to both narratively and technically write briefs and present oral arguments before the Fifth Circuit. This advice is offered to help alleviate three general deficiencies: first, lawyers tend to be poor writers; second, there is no universal genre identifiable as an appellate brief; and third, and most deplorable, whether through imprecision, inexperience or a fundamental misunderstanding of the role of appellate courts, a shocking number of lawyers were unable to argue their client's case effectively before the Fifth Circuit.