One thing I have written about repeatedly in this blog is the need for an appellate attorney to write his or her brief in a way to make his client appear sympathetic to the members of the appellate court. To put it more bluntly, I’ve written that in my experience you are more likely to win appeal, regardless of the issues or law involved, if the judges feel warmly toward your client. Whether a living being or a business corporation, your client needs to be “humanized.” So how do you do that without making your intent obvious? You do it by putting favorable statements regarding your client in the Statement of Facts, by how you phrase the issues raised, or how you explain the…
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