Advocacy Before the Eleventh Circuit: A Clerk's Perspective

65 Pages Posted: 12 Sep 2018 Last revised: 5 Oct 2018

See all articles by Kevin Golembiewski

Kevin Golembiewski

Berney & Sang

Jessica Arden Ettinger

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Date Written: September 6, 2018

Abstract

Appellate attorneys must tailor their advocacy to the court hearing their appeal. Each court of appeals has different jurisprudence, rules, traditions, and decision-making processes. Yet there are few articles on appellate advocacy tailored to a particular court. We wrote this article to help fill that gap. As former law clerks on the United States Court of Appeals for the Eleventh Circuit, we offer advice specifically for attorneys who practice before the Eleventh Circuit. Our advice is based on our experiences as clerks, as well as our analysis of the Eleventh Circuit’s rules, procedures, and public statistics. We offer no inside baseball about the Court but rather our personal views on how to draft a compelling brief and present a persuasive oral argument.

Keywords: appellate advocacy, legal writing, legal skills, Eleventh Circuit Court of Appeals

Suggested Citation

Golembiewski, Kevin and Ettinger, Jessica Arden, Advocacy Before the Eleventh Circuit: A Clerk's Perspective (September 6, 2018). University of Miami Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3245584 or http://dx.doi.org/10.2139/ssrn.3245584

Kevin Golembiewski (Contact Author)

Berney & Sang ( email )

1628 JFK Blvd. Suite 1000
Philadelphia, PA 19103
United States

Jessica Arden Ettinger

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP ( email )

1801 K Street #411L
Washington, DC 20001
United States

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