By Mike Scott
Legal News
The latest “Save the Date” seminar hosted by the Detroit Metro Bar Association will have an extra layer of flair — both from a personal and professional standpoint.
The upcoming Debate on Appellate Advocacy will feature Michigan Court of Appeals Judge Elizabeth Gleicher, and her husband, Royal Oak appellate lawyer Mark Granzotto,
on Tuesday, March 22 from 5:30-7 p.m. at The Detroit Beer Company in Detroit.
The seminar is specifically being developed with the help of the DMBA’s Solo and Small Firm Section.
As promoted by the DMBA, the seminar will offer “serious CLE in a fun and lively format.”
“We forwarded the note (about the seminar) to one of our sons and he said he’s not coming,” said Gleicher with a laugh. “He said he has seen (this type of discussion) at the dinner table already. Perhaps he thinks we may have plenty of things to argue about.” The topic will focus on how lawyers can engage in effective appellate strategies.
While neither wanted to give away too much of their topic, both Gleicher and Granzotto indicated that the seminar will offer attendees with a level of interaction that could take the discussion in any direction.
“One of the things that I learned on the bench is that believe it or not there are some amusing things that happen and anecdotes and we’ll likely share some of those,” Gleicher said.
Granzotto has spoken several times before in other appellate practice seminars on his theory that lawyers can prepare too much for oral arguments, what he refers to as his “right to brief” argument. His theory is that the argument should be treated more as a conversation between judges and lawyers. Too much preparation can lead to a level of commitment that becomes too formal.
“Sometimes you get the sense that lawyers are working off a script and if that’s the case you tend to lose some level of effectiveness,” Granzotto said. “You can even get the feeling that they are working off a script when answering questions.”
He believes the seminar itself can be treated to some extent as an oral argument. Both Gleicher and Granzotto will welcome questions from attendees (the bench) and the answers could lead the discussion in another direction.
Given that and Granzotto’s view of oral arguments, he admitted that attendees could expect a significant amount of spontaneity.
To that, Gleicher replied with a laugh that the two “will prepare” for the seminar and that her husband may be the one writing an outline for both to follow. Whether the outline is ultimately followed though likely won’t matter.
“The concept for this seminar really started as one where we would give tips from both sides of the podium,” Gleicher said. “Now it’s gone to an area where we may be debating the differences of opinion that we have as to strategies for effective appellate.”
In reality, both husband and wife have similar views of what defines an effective appellate strategy.
Of course, some differences of opinion may occur here and there. The interplay, though, is sure to be entertaining.
“I think the seminar will be light in nature overall but we do want to provide some good feedback based on our experiences,” Granzotto said. “In her position, Lisa has a very good understanding for what makes a good oral argument and whenever you can get that kind of feedback from a judge it is valuable.
“But I think it will also be fun because we know each other so well,” Granzotto added. “We know when we can interrupt and even disagree with each other.”
Now all they have to do is figure out who will be preparing the outline.
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