COMMENTARY ON LEGAL PRACTICE AND WRITING
These posts are not updated and are not a statement of current law.
A new law makes filing your clients’ motions and pleadings easier.
CPLR 2106 was recently amended, and the change makes your work as a lawyer easier and your client’s life better. Keep reading to learn what it’s all about.
How to make your pleadings awesome.
There are some tricks I have learned from my work as an appellate attorney that will help you draft awesome pleadings for your clients.
Should you really file that motion to reargue?
Do you know when it’s a good idea to make a motion to reargue? Too many lawyers make a BIG mistake when deciding whether it’s in their client’s best interest to make the motion.
A shortcut you will love for your e-filed cases in New York State Courts.
Nearly every time I draft a motion for another lawyer in an e-filed case, I get the same question: do I need to attach all of the documents referred to as exhibits if they were already filed on the NYSCEF docket? I keep having to look up the answer myself, so I’m summarizing it here for you and for me.
The number one reason you should use an appellate attorney for your client's appeal.
Many attorneys are capable of writing an appeal brief when their client needs to take or defend an appeal from a lower court order or judgment. But are they able to find the best arguments? Read more to see the number one reason you should hire an appellate attorney to help you do best by your client on appeal.
Stay v. Injunction: Do you know the difference?
Many lawyers (and their clients) are confused about the difference between an injunction and a stay. Read more to understand it, and to see why it matters that you keep the concepts separate.
A prescient quote in the New York Law Journal.
I was asked for my thoughts on what was coming for lawyers in 2023. My answer: AI.
Read more to see exactly what I said, along with the rest of Carol Greenwald’s article in the New York Law Journal.
Highlights from the newly enacted Foreclosure Abuse Prevention Act (Part I)
In three posts, I will tell you about the top highlights from the newly enacted Foreclosure Abuse Prevention Act. This is Part I—about the new “savings statute.”
When should you file a notice of appeal in New York?
There are three parts to this question’s answer. The first part you probably know well, the second you have probably wondered about, and the third you might not have considered. Keep reading to find out.
Is a Statement of Undisputed Material Facts required to file a motion for summary judgment in New York?
The rule has changed twice in the past two years. In this post I tell you where the rule stands now.
FAQ: For what area(s) of law do you handle appeals and complex motions?
I get this question a lot because lawyers tend to focus on one particular area of the law over the other: what kind of law do you practice with your appeals and substantive motions?
Drafting a complaint? Be hidden clearly.
Lawyers either say too little or too much when drafting a complaint. There is a better way, and I tell you how in this post.
The Battle Over Immigration Language
There is an intellectual battle going on about the use of a controversial word in immigration law. Read on to see what it’s all about.
Why the foreclosure crisis never really ends.
The foreclosure crisis that started around 2010 has never really ended for several reasons, some of which might surprise you. Get ready for the next wave of legal issues coming down this pike.
Appeal Pro Tip: How to craft a successful appellant's argument.
Hint: you won’t do it by repeating your lower court arguments. Read more to see a better way.
Zoom issues coming up for appeal.
It’s been nearly two years since Zoom became a lifesaver for many parts of the legal profession. But for some folks, Zoom presented novel issues that the appellate courts will start dealing with a lot this year. Keep reading for my summary of an appeal from Texas that was recently decided, which has key holdings we appellate attorneys will need to keep in mind when a Zoom issue comes up in a case.
Build Your Brief From the Ground Up
Like a building, a legal argument must have a solid foundation—or it will come crashing down under scrutiny. Keep reading to see what makes a strong argument.
What's new in Immigration Law?
Change is afoot in the world of Immigration Law! Read this post for an update I wrote as co-chair of the Immigration Committee at the New York Women’s Bar Association.
Don't go outside the record for your appeal.
Every seasoned appeal lawyer knows the well-worn adage “don’t cite to facts outside the record on your appeal.” But why? And what happens when you do? Read more here for a funny story that illustrates the answer.

