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JUDGE WOZNIAK SHARES APPELLATE ADVICE IN REBOOTED ‘NEVER CONTEMPLATED’ PODCAST

Start writing early. Keep the brief short. Know the record. And when it comes to oral argument, overprepare, but treat the argument like a conversation

Judge Carrie Ann Wozniak

Judge Carrie Ann Wozniak encourages young lawyers looking for courtroom experience to consider pro bono work, including guardian ad litem cases, and to watch oral arguments online.

If you’re looking for practical advice on writing a better appellate brief, preparing for oral argument, or getting more experience in the courtroom, the latest episode of Never Contemplated has some tips for you.

In the rebooted Henry Latimer Center for Professionalism podcast Never Contemplated, host Judge Hetal Desai talks with Judge Carrie Ann Wozniak of the Sixth District Court of Appeal about appellate advocacy, courtroom experience, and the importance of preparation. The episode is titled “Pick It and Stick It.”

Wozniak discusses what it is like to serve as a judge in Florida’s newest appellate district. She also talks about why young attorneys should pursue pro bono and guardian ad litem work and offers advice on getting actual courtroom experience.

And when it comes to appellate advocacy, Wozniak keeps her advice simple: Start writing early. Keep the brief short. Know the record. And when it comes to oral argument, overprepare, but treat the argument like a conversation.

“It’s easier to edit than it is to write,” Wozniak says.

She encourages lawyers to use plain language rather than trying to sound like a lawyer and recommends having someone else read a brief before filing it. A shorter brief, she says, can be more persuasive because it forces the advocate to identify and emphasize the essential points.

For oral argument, preparation is even more important. Wozniak recommends knowing the case so thoroughly that you can explain it to someone with no legal background. That preparation allows an advocate to respond when judges ask unexpected questions or take the discussion in an unanticipated direction.

Her approach is to treat oral argument as a conversation rather than a performance.

Wozniak also discusses the growing role of artificial intelligence in appellate practice, including the dangers of fabricated case citations. AI can be useful, she says, but it does not relieve lawyers of their professional responsibility to verify their work.

She encourages young lawyers looking for courtroom experience to consider pro bono work, including guardian ad litem cases, and to watch oral arguments online. The Sixth DCA archives its arguments on YouTube, providing an opportunity to see how experienced advocates respond to questions and interact with judges.

Wozniak also recommends getting involved in Bar committees as a way to develop expertise, build relationships, and find mentors.

Wozniak was born and raised in Orlando and graduated from the University of Michigan and Stetson University College of Law. After clerking for Florida Supreme Court Justice Harry Lee Anstead, she spent 15 years at Akerman, where she developed an appellate practice and became board certified in appellate practice. She was appointed to the Fifth DCA in 2021 and became a judge of the newly created Sixth DCA when it opened in January 2023.

Her interest in law began in high school, when a law studies course sparked her interest in collaboration and practical problem-solving. A semester in London, where she interned with a member of the British Parliament, gave her an early look at advocacy and government.

Wozniak’s professional and community service has included more than a decade of work with voluntary bars and Florida Bar committees. She served as chair of the Appellate Practice Section in 2022-23.

Judge Wozniak says her motto is “pick it and stick it,” a carryover from her childhood disciplines of gymnastics and dance when her team would practice hard leading up to a competition. She says it helps her stay focused when something happens that deviates from expectations.

Never Contemplated is presented by the Bar’s Henry Latimer Center for Professionalism and the Standing Committee of Professionalism's Mental Health and Wellness Working Group in conjunction with Community Legal Services.

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