examples from, trial briefs and appellate briefs
are most useful since
It is easy to say an appellate brief
should persuade the Veterans Court to rule in favor of the PVA member.
Judge Dubina of the Eleventh Circuit has written: "An attorney should express only what is essential in the fewest number of words." (6) This sentiment is echoed by Judge Hamilton of the Fourth Circuit: "Undeniably, of the hundreds of appellate briefs
I have read, the most persuasively written argument components were those written with the precision of a neurosurgeon--not a millisecond of time was wasted getting in, doing precisely what needed to be done, and getting out." (7)
While those prior Briefly articles raise important issues for consideration when submitting appellate briefs
, they are by no means an exhaustive analysis of how technology is changing the way lawyers and judges do their work.
In part two of this series, I discussed the most effective strategies to control the issues and fight the battle on your strongest ground when drafting the argument section of an appellate brief
. In this part, I explore additional strategies for preparing for oral argument.
A proposed revision to the Federal Rules of Appellate Procedure would trim the federal appellate brief
length to 12,500 words, effective December 1, 2016.
Later chapters cover types of legal arguments, interviewing and counseling the client, letter writing, and writing the trial brief, the appellate brief
, and the oral argument.
Although this public policy argument was advanced for the first time in defendant's appellate brief
, defendant alleged no new facts, but rather raised pure legal arguments which may be considered for the first time on appeal (see Vanship Holdings Ltd.
According to Reuters, Anthony's attorneys stated in their appellate brief
that they intend to argue that the four lies should have been considered as one individual offense on the grounds that Anthony's claims were made during an ongoing interrogation by detectives.
More often than not, your last chance to be heard will be through your appellate brief
. Over 70 percent of cases appealed from the Illinois circuit courts do not reach the Illinois Supreme Court.
Of course, the lower court briefing on those issues comprises hundreds of pages, and the trial court's decisionitself spanning scores of pagesis far longer than your appellate brief
Drafting a compelling statement of facts can be one of the most effective tools in your arsenal when crafting an appellate brief
Grant's appellate brief
is difficult to understand.
It explains what makes an argument persuasive, the ethical and professional responsibilities of an advocate, the litigation process, and trial motions and appellate briefs
, then details the steps for building, revising, and polishing a trial motion or appellate brief
, ending with a chapter on preparing for and presenting oral arguments before trial and appellate courts.
The most important aspects of the appellate lawyer's role involve the exercises of legal judgment, research, analysis, and writing that go into crafting an effective appellate brief
; the appellate lawyer takes the factual record as it was created in the trial court and must weed through it to glean the factual predicates most favorable to his or her legal arguments, subject to the constraints that may be imposed by the applicable standard of review.