Legal brief writing is the most important aspect of handling an appeal. In a court such as the United States Supreme Court, where review is discretionary, it may be the only chance you have to make your case. Even in courts where appeal is a matter of right, the majority of cases are decided on the briefs alone. Nancy Winkelman, Just a Brief Writer, Litigation, summer 2003, Vol. 29, No. 4.
It is crucial that you make your brief as persuasive as you can. Here are five tips to put your best foot forward in your next appeal.
- Brevity: The court you are arguing before will likely have a page or word limit that you need to observe. As if that is not reason enough, you should also keep your argument short for the benefit of the overworked judges and clerks who will be reading it. Keep it simple. The less convoluted your argument sounds, the more likely it will be understood and remembered by your reader.
- Use the Facts: Appellate briefs will often need to have a required facts section. Do not waste this precious real estate in your brief by blandly reciting the facts. You can begin arguing your case here before you even reach your argument section. By the end of your facts section, it should be clear to the reader which side you represent. The key is to present all of the relevant facts while highlighting the ones that support your argument. Overdoing it though, could jeopardize your credibility and cause your overall argument to fall flat.
- Use Only Your Strongest Arguments: You might have seven or eight conceivable arguments that could be made to win your appeal. Some are obviously going to be stronger than others. Maybe only one or two are powerful enough to cause your judge to reverse the lower court. Do not make the mistake of giving each of these arguments equal airtime. Pick only your best arguments and order them logically so that one flows into the next.
- Avoid Passionate Language: Do not use words like “preposterous,” “absurd,” or “ridiculous.” When your reader sees these words, he or she will not only be distracted but may also wonder if there is a weakness in your position that is being hidden.
- Follow the Rules: Every court is going to have rules in place governing your brief’s form and content. Failure to observe your court’s rules may either irritate your reader, or worse, cause your brief to be rejected. See, e.g., Stephen Dwyer, How to Write, Edit, and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers, 31 Seattle U. L. Rev. 417 (2008).
At Cockle Legal Briefs, we know the rules of the thirteen Courts of Appeals and the United States Supreme Court. Call us to schedule the printing of your next brief so that you can focus on the legal brief writing and let us handle the rule compliance.