Sometimes I see judges or appellate lawyers advise that an appeal brief should not include every valid argument that could possibly be raised on appeal, but only the very best arguments available. There are many good reasons for limiting the number of arguments raised on appeal. It’s hard for a lawyer to fit many arguments in an appeal brief and still do a thorough job supporting each one, judges lose focus when many issues are raised, and the weakness of some arguments may damage the appellant’s credibility as to stronger ones. Yet, I have seen this approach taken to an extreme by some in advocating that an appeal only raise one or two issues and no more. I’ve had a lawyer tell me with…![]()
