De Novo: A Virginia Appellate Law Blog

De Novo: A Virginia Appellate Law Blog

Jay O’Keeffe practices with Johnson, Rosen & O’Keeffe LLC. in Roanoke, Virginia, where he splits his time between appellate and business litigation. read more

Category Archives: Briefs

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Seven Appellate Tips from a Seventh Circuit Judge

Posted in Appellate Practice, Briefs, Oral Argument
I was flipping through the latest volume of The Scribes Journal of Legal Writing when I came across  an interview that Bryan Garner did with (then-Chief) Judge Frank Easterbrook of the Seventh Circuit back in 2007. Bryan A. Garner, Interview with Judge Frank H. Easterbrook, 13 Scribes J. Legal Writing 1 (2013). Inveterate Garnerphile that I… Continue Reading

So Now Briefs Can Be Too Short?

Posted in Briefs
A heretofore unquestioned rule of appellate advocacy: Less is better. The rule takes many forms–anything that doesn’t help, hurts; we call them “briefs” for a reason; sit down and shut up–but the basic idea is that we have panels of very busy, very smart judges handling appeals. Let’s be respectful of their time and get to… Continue Reading