Appellate Procedure
On Appeal: Resources for Arkansas Advocates by D.P. Marshall, Jr. You know the old joke: Lawyer #1: What's the best way to win on appeal? Lawyer #2: Win at trial. True enough. But what is the next best way to win on
appeal? By recognizing and then taking advantage of the unique opportunities for advocacy offered by the appellate process.
With this issue of The Arkansas Lawyer, the editorial board presents a smorgasbord of appellate practice. I've been invited Lo continue that meal in coming issues with a column about handling cases on appeal. Here are some of
the things I plan on writing about: taming the abstracting dragon; meet your best friend on appeal; the standard of review; the uses and abuses of amicus curiae briefs, and
when not to appeal. Differing opinions are welcome. So are suggestions for
appeal. This practice guide is designed for those handling their first appeal - and for those handling their first appeal in the last couple of years. The guiding tests for the handbook are the newly recodified Arkansas Rules of Appellate Procedure - Civil, Arkan as Rules of Appellate Procedure - Criminal, and the Arkansas Supreme Court Rules. Handling Appeals will not replace careful study of those rules. Rather, the book integrates the Court's rules with practical suggestions for handling cases on appeal. My friend, Clint Miller, the Senior Appellate Advocate for the Attorney General, is fond of saying that a good lawyer can never have too
columns and question. I look forward to hearing from you,
many tools in his tool box. Those of
and to exploring the opportunities for effective and creative
us working on Handling Appeals in
advocacy on appeal in Arkansas. For now, though, put your napkin in your lap. Here's the first serving of On Appeal. Lawyers appealing cases in Arkansas already have an important reference book on their shelves. Sixteen years
ago, Jacqueline Wright (the Arkansas Supreme Court Librarian) wrote the Arkansas Appellate Advocacy Handbook. The Handbook was sponsored by the Arkansas Bar Association and the Arkansas Judicial Department. Wright supplemented the guide in 1984. You probably have the Handbook in your law library. If you don't, you need it. Call the Arkansas Sar Center and you can get a copy for $25. Though changes in the Court Rules and sixteen years of cases have overtaken some of the Handbook's practical advice. because of its thoroughness and learning, the
Handbook remains a valuable reference for appellate advocates.
Another resource is in the mill: Handling Appeals in Arkansas. The new Arkansas Bar Association Appellate Practice Committee (appointed by President Witherspoon and chaired by Job Serebrov of the Washington County Bar) and the Young Lawyers Section have joined hands to create this new practice guide. Handling Appeals in Arkansas aims to guide lawyers through filing their notice
of appeal, filing the record, filing the briefs, oral argument, and, if necessary, petitioning for rehearing. The book will also cover motion practice and extraordinary writs on
"What is the next best way to win on appeal? By recognizing and then taking advantage of the unique opportunities for advocacy offered by the appellate process.
"
Arkansas want to create a new tool for appellate advocates.
We hope to have it in your toolbox by June 1997. What is the best way to win on appeal? Win at trial. What is the next best way? Stay tuned. Price Marshall practices law at Barrett & Deacon in Jonesboro. After graduating with honors from Harvard Law School, he clerked for Ihe Han. Richard S. Arnold, Chief JlIdge, U.S. COllrl ofAppealfor Ihe Eighlh Circllil.
BUSINESS VALUATIONS Closely Held Businesses & Professional Practices RICHARD L. SCHWARTZ Certified Public Accountant - Arkansas Certified Business Appraiser - Institute of Business Appraisers Certified Fraud Examiner - Association of Certified Fraud Examiners Court Appointed - Regular Court Appearances National Lecturer Call for our free brochure 11510 Fairview Road Suite 100 Little Rock, AR 72212-2445 (501) 221-9900 41
The Arkansas Lawyer
Spring 1996