I once had an opportunity to judge the semi-finals of the ABA Moot Court Competition for law students. It seemed like a good way to spend a Saturday in the middle of the winter when there was no snow for…
A while back, I attended a cocktail party where I ran into a fellow Pennsylvania appellate lawyer. After exchanging pleasantries, the conversation drifted to “what have you been up to?” I told him I was representing the appellee in the…
It is tempting to use metaphors or literary analogies in an appellate brief. Shakespeare is a favorite among lawyers because quoting the Bard of Stratford-on-Avon can add spice and erudition to an argument. But not all appellate court judges appreciate…
Attorneys who rarely practice in the appellate courts may feel overwhelmed by the prospect of writing an appellate brief. Here are a few helpful tips: 1. Write for the audience. A fundamental rule of writing is to write for your…
Many trial lawyers have done it. The issues on appeal were briefed in the trial court. The facts, legal research, case citations, analysis—they are all there in a Word document. You’re busy. There isn’t time to write an appellate…
In October of 2020, Virginia McMichael led an hour-long presentation on recent appellate decisions of note to the Philadelphia Court of Common Pleas civil division judges. Virginia’s entire presentation is now available to download as a white paper. Download it…
Today’s most successful trial lawyers use a variety of sophisticated tools to win cases. One tool in a savvy trial lawyer’s toolbox is appellate counsel. Experienced trial lawyers know that retaining a skilled appellate lawyer early in a case gives…
I am delighted to have been named Chair of the ABA Council of Appellate Lawyers Solo and Small Firm Practice Committee. I hope that the Committee will become a national network of solo and small firm appellate lawyers who can…
Virginia Hinrichs McMichael recently did a Zoom interview with retired Judge Lisa M. Rau, formerly of the Philadelphia County Court of Common Pleas and founder of Resonate Mediation and Arbitration, to talk about her life in public service and on…
On Jan. 13, the judiciary committee of the Pennsylvania House of Representatives voted 13-12 to send to the House floor H.B. 38, a bill that proposes a constitutional amendment to replace statewide elections of appellate court judges with a system…