Partners Hon. David Saxe (Ret.) and Danielle Lesser Co-Author Article in New York Law Journal with Tips on the Rebuttal Appellate Argument

Morrison Cohen Partner Hon. David Saxe (Ret.), a former Associate Justice in the New York Supreme Court Appellate Division, First Department, and Danielle Lesser, Partner & Chair of Morrison Cohen’s Business Litigation Department, recently co-authored an article in the New York Law Journal entitled “Some Practical Tidbits on the Rebuttal Appellate Argument,” which hones in on some of the strategies and best practices that appellant’s counsel may employ to further possible outcomes during rebuttal. 

In the July 22, 2022 article, Saxe and Lesser draw on their own experiences for best practices and offer some actionable tips for an effective rebuttal argument, including:

1) “It is generally not advisable to prepare your rebuttal argument in advance by writing it out.” Instead, they suggest jotting down the broad outline of your rebuttal on note cards.

2) “Instead of a canned rebuttal argument, listen carefully to your adversary’s argument and prepare to respond. Remember, the rebuttal or counter argument involves acknowledging your adversary’s position and then presenting your argument again – concisely, as the most logical and practical solution to the controversy.”

Saxe and Lesser’s article is an expansion on some of the ideas presented in a NYLJ column that Saxe previously co-wrote with Co-Managing Partner Y. David Scharf. (See, Saxe & Scharf, “The Appellant’s End Game: Some Thoughts on the Reply Brief and the Rebuttal Argument,” New York Law Journal, July 27, 2018).

Read Saxe and Lesser’s article here.