How to lose an appeal in the Court of Appeal: The next generation
Author | The Honourable David M. Brown |
Pages | 235-239 |
235
g Fall 2017
Hw t lse an appeal in the
Curt f Appeal:
THE NEXT GENERATION
THE HONOURABLE DAVID M. BROWN
lmost a generation has passed since Justice Marvin Catz-
man published his groundbreaking article, “The Wrong Stu:
How to Lose Appeals in the Court of Appeal.”1 In it he oered,
in seven succinct tips, surere ways to lose an appeal. His advice still
rings clear and true: (1) Always le an incomprehensible factum. (2)
Never begin at the beginning. (3) Never start with your strongest point.
(4) Never say the magic words. (5) Always make a speech for the jury. (6)
Never answer a question directly or, better still, at all. And (7) Never keep
your promises.
Several years’ experience on the Court of Appeal has demonstrated
to me the enduring legacy and power of Catzman’s seven tips for losing
an appeal. However, I have slowly realized there are other ways to suc-
cessfully drive down the road to appeal failure. This article oers some
additional losing tips that counsel can use at each stage of an appeal.
TIP #1: APPEAL TO THE WRONG COURT
The fastest way to lose an appeal is to le your client’s appeal in the
wrong court.
1 Justice Marvin Catzman, “The Wrong Stu: How to Lose Appeals in the Court of
Appeal,” in 19:1 TheAdvocates’ Society Journal (Summer 2000).
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