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Published Articles

Herb Fox is a prolific and skilled writer with scores of articles on appellate law and procedure to his credit. The articles listed below appeared in Santa Barbara Lawyer and LA Lawyer Online*.  Click on the article title to view or download it.

Jury Instructions on Appeal
(The Advocate, December 2013)

The Reversible Arbitration Award
(The Advocate, October 2013)

Practicing Appellate Aforethought: Appeals and Writs 101 for the Trial Lawyer
(Valley Lawyer, February 2013)

Appeal Bonds - Some Days You Eat the Bond and Some Days the Bond Eats You
(The Advocate, December 2012)

The Slapp Trap - Staying Out, Digging Out
(The Advocate, December 2011)

Professional Liability from on Above:  Avoiding Appellate Malpractice
(The Advocate, October 2011)

Chutzpah on Review
(Santa Barbara Lawyer, June 2010)

The De Novo and Independent Judgment Standards of Review
(Santa Barbara Lawyer,May 2010)

How Long, How Long?
(Santa Barbara Lawyer.January 2010)

The Walls of Moncharsh Keep Tumbling Down
(Santa Barbara Lawyer. October 2009)

Risky Reliance on Clerk’s Erroneous Advice
Santa Barbara Lawyer

(Santa Barbara Lawyer, February 2009)

The Sound of One Juror Clapping? Verdict Affirmed!
Santa Barbara Lawyer

(Santa Barbara Lawyer, September, 2008)

Reviewing Standards of Review
(Santa Barbara Lawyer, July 2008)

Fighting Fees in Probate Court
(Santa Barbara Lawyer,June 2008)

Blessed Be the Anti-Slapp Motion
(Santa Barbara Lawyer
, March 2008)

Jurisdictional Default
(Santa Barbara Lawyer
, February 2007)

How to Create Reversible Error Without Trying
(Santa Barbara Lawyer, December 2006)

Writs, Prayers and Appellate Facts and Figures
(Santa Barbara Lawyer, July 2006)

No Fishing Zone for Non-Custodial Parent
(Santa Barbara Lawyer, March 2006)

Cute Appellate Maneuvers Bite Back
(Santa Barbara Lawyer, February 2006)

Ninth Circuit Tidbits from Those in the Know
(Santa Barbara Lawyer, December 2005)

Appellate Counsel: Use 'Em Or Lose 'Em 
(Santa Barbara Lawyer, December 2004)

When Does a Non-Appealable Order Gain Appeal?
(Santa Barbara Lawyer, March 2005)

What The Court Needs To Know About Your Appeal
(Santa Barbara Lawyer, June 2004)

When is a Writ Worthy? Lawyers are Dying to Know
(Santa Barbara Lawyer,April 2002)