By Andrew Nichols (February 25, 2022, 6:09 PM EST) — I once heard an esteemed appellate litigator, who now sits as a federal circuit judge, make a striking confession.
Speaking to a large audience, he said that when he first began practicing, he was bothered by the new insights he gained during moot courts before oral argument. Why couldn’t he get those moot-court insights when writing his briefs? But it just kept happening. And so, he concluded that briefer’s remorse — my name for it — was inevitable.
Even if you’re not an appellate lawyer, maybe you’ve experienced similar revelations — say, while doing jury research, or during your own moot…