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Welcome to our Appellate & Ethics Blog!

This blog will sometimes be scholarly, sometimes purely practical, and sometimes just musings by members of the firm on life in the appellate courts and on professional responsibility.

When we comment on cases, we do so with care, but you should always read the cases yourself before using them for any reason.

When one of us muses on matters, it may or may not reflect the innermost thoughts of the others. Feel free to ask.

If we talk about a case in which we represented a party, we’ll let you know it was ours.

We welcome suggestions, to a point, on relevant topics of interest and comments on the thoughts and suggestions we include on this blog.

But most of all, we hope that you learn from and enjoy these entries!

December 24, 2019

            I write to complain about delays in issuing Supreme Court decisions.

            Just this past week, the Court issued slip opinions in two cases argued in January 2019. And that is faster than other recent d...

‘Tis the season for a friendly reminder that, before you or your firm send holiday gifts out this year, you should refer to the Rules of Professional Conduct.  Under the current version of Rule 7.2, as interpreted by the CBA Standing Committee on Professional Ethics in...

December 4, 2019

It's a common appellate refrain that you can't raise new arguments for the first time in your reply brief.  But what counts as a new argument?  For example, suppose you appeal and challenge a trial court ruling, explaining why it was wrong.  Your opponent's brief then...

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