3 Essential Elements of a Successful Appellate Brief

1. 3 Essential Elements of a Successful Appellate Brief Writing persuasive appellate briefs is an art. It must be short, precise, easy to understand, and well structured. The best way to assess the experience and expertise of an appellate lawyer is to examine his or her appellate brief. But how does one write a brief that a judge would want to read? Here are a few tips to help you: 1.The Brief Must Appeal to the Court Not the Client The brief is intended to help the court decide the case, and it is not written to please the client. Law clerks and judges read and analyze hundreds of briefs every week. Unfortunately, most briefs are filed with superficial arguments that are discarded after the initial skimming. It does not need to be eloquent, but it must explain the reasoning that supports the client’s position. When writing a brief, a good appellate lawyer thinks from the perspective of the judge. What could be the judge’s approach to the problem? What are the issues that he or she is likely to disregard as irrelevant? What are the problems that will interest the judge? It must be written not to be fed into a lifeless computerized system but to be read by a fellow human being. 2.Understand the Importance of Standard of Review The success of an appeal depends mainly on the applicable standard of review, i.e., the law’s perspective on the appellate court’s authority to review the records presented on appeal. Every issue raised in the appeal is subject to the standard of review. The appellate court must measure the wrongness in the lower court’s decision to justify a reversal. Based on the standard of review, the appellate court may affirm the trial court’s decision, reverse the earlier decision, or make a remand to ensure further proceedings in the trial court, keeping in mind the directions of the appellate court. 3.The Legal Analysis Must Be Thorough The contentions must be stated clearly and raise relevant issues. The contentions are where experienced appellate attorneys come into the picture. Their experience and expertise help present a strong legal analysis. Merely contending that the trial court erred in its judgment is not enough. Did it abuse its discretion? Do you claim that the agency evidence is erroneous? What if the court finds that there is no competent evidence in the record during the review? The analysis must include all necessary facts and law with enough background information and request the relief claimed clearly. The analysis must have a logical flow, but it must not be conclusory in nature. Instead, reasons supporting a preferred conclusion are given. Filing an appellate brief is difficult and talks specific skills. Look for attorneys who specialize in appeals. They’re more likely to be updated regarding the latest regulations regarding appeals have the expertise you need. 1

2. Author Bio: The author maintains an appellate blog and regularly writes about various issues related to appeals, including finding good appellate lawyers. 2