When working on a memo, do you start by reviewing the cases that the parties have cited or do you do your own research first?

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I always started with the cases the parties cited.

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I often do my own research. So often both parties miss important cases. But they won't miss those cases on appeal, where page limits are longer and the briefs are more in depth. The law is the law, not just what the parties cite.

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I wish that were true, but as an appellate clerk, I can tell you that parties do miss important cases on appeal - especially when they have not construed the issues correctly

LC author-where do you work? Are you in state or fed appellate court? What state? Any insight as to the role of a court attorney for NY appellate state court by any chance?

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