Professional Judgment on Appeal.

Steven Wisotsky Carolina Academic Press www.cap-press.com 400pp., $75

Readers who toil in the federal appeals courts will appreciate this fresh and practical analysis of modern appellate practice. In Professional Judgment on Appeal, Steven Wisotsky, a law professor at Nova Southeastern University in Fort Lauderdale, Florida, offers insights into appellate law not round in most books of this genre.

In particular, he provides specific guidelines for focusing on a client's needs when deciding whether to undertake an appeal. As Wisotsky observes, many practitioners rush into an appeal too quickly without first analyzing the costs, benefits, and likelihood of success. He offers useful tactics for predicting an appeal's outcome and advising the client accordingly. Seasoned appellate lawyers looking for a book that appropriately accounts for client concerns and demands will find this a welcome addition to their reference collection.

Wisotsky wisely chooses to focus exclusively on the federal courts of appeal, recognizing that the differences among states' appellate processes would undermine the book's uniformity. Professional Judgment covers issues such as finality, preservation of error, rehearing, and Supreme Court review in a thorough but succinct manner. The chapters follow a logical pattern through the lire of an appeal, making the book an easy-to-use reference.

At times, the practical sections on the appellate process become dull, but they are balanced by the chapters focusing on strategy and tactics. For example, the chapter called "The Appellate System" accurately describes the many pressures unrelated to the case's merits that influence a client's decision to pursue an appeal and the likelihood of success. The ever-increasing judicial caseload, the views of the appellate judges, and the more prominent role of judicial clerks and staff attorneys all affect the appellate practitioner's strategy. Wisotsky gives a thorough account of these considerations without overburdening the reader with anecdotes.

In another chapter, "Views from the Bench," Wisotsky offers insights into judicial thought processes. He includes important quotations from U.S. Supreme Court justices and their brothers and sisters on the federal appellate bench.

Finally, the book addresses key issues that affect an appellate lawyer's very livelihood: mistakes and misconduct. Wisotsky advises readers on how to maintain proper judicial decorum when responding to opponents and dealing with the court, as well as how to avoid filing frivolous appeals. He also provides a well-written chapter on appellate malpractice.

Overall, Professional Judgment on Appeal is a well-researched, well-written book that attorneys will enjoy the first time they read it and continue to appreciate as a reference. I recommend it to appellate lawyers looking for a fresh, well-organized analysis of the judgments that they must make in serving a client's needs.

Jean M. Prendergast practices law with Crisham & Kubes in Chicago.