Visit our online bookstore at http://www.osbar.org/store/pub/pubcat.asp to preorder your copy of Appeal and Review: Beyond the Basics today and save 20% off the regular retail price.
In 2010, the Bar published the first volume of a new edition of Appeal and Review. As the preface to that first volume explained, the new edition represents a major departure from previous editions, as it is divided into two volumes. The first volume—Appeal and Review: The Basics—covers the basic procedural and substantive areas with which every appellate practitioner should be familiar. Accordingly, the first volume serves to educate lawyers who have limited experience in the Oregon appellate courts. For more experienced lawyers, it is a reference tool.
This second volume explores several areas of appellate practice—of appellate jurisprudence—in greater depth. Editorial board member Jim Westwood’s suggested title for this second volume gives you an idea of what it is about:
Appeal and Review: Beyond the Basics, being a disquisition on the art of Appellate Advocacy in divers chapters and with practice tips and comments, by an illustrious Panel of Experts, enlarging and illuminating the Prior Volume of the same Title and addressed to the most discerning Appellate Practitioners of the Bench and Bar of the State of Oregon.
But because that title wouldn’t fit on the front cover in a normal font, we decided to simply call it Appeal and Review: Beyond the Basics. The first introductory chapter provides thoughts on the convergence of theory and practice. In chapter 2, the authors discuss the principles that serve as the basis for familiar rules of appellate practice, including rules related to preservation, standards of review, and harmless error. The authors then explain how those principles should influence a lawyer’s analysis of whether to appeal or seek judicial review, balancing client considerations like the expense of appeal, the likelihood of prevailing, delay, and the possibility of having to pay the respondent’s attorney fees. The chapter 3 authors discuss the art of drafting appellate briefs, covering everything from appropriate structure to techniques for making briefs helpful and persuasive to appellate judges. Chapter 4 addresses oral argument from both sides of the bench, focusing on goals that all participants often do—and should—have for oral arguments. Both chapters 3 and 4 touch on the differences between practicing in the Oregon Court of Appeals and practicing in the Oregon Supreme Court. Finally, chapter 5 provides a comprehensive explanation of motion practice in both courts. All chapters reflect contemporary practices built on longstanding Oregon tradition.
This new book covers topics like:
- Chances of obtaining a stay
- Choosing winning issues
- Whether to cross-appeal
- When to seek amicus support
- Briefing legislative history
- Making the most of limited oral argument time
- Responding to judges’ questions
- And much more….
For a limited time, also order Appeal and Review: The Basics and take advantage of a 10% discount.
Also, check out this post with links to helpful appellate practice blogs and websites.