Appellate Practice
Oct. 31, 2013
Tactical considerations: effective appellate briefs
The appellate arena is quite different from the trial court, and counsel must keep this distinction in mind. By Jerry Clausen, Gregory R. Ellis and George P. Schiavelli
There are two key aspects to writing an appellate brief. The first - which is not the subject of this article - is the writing itself, the express means by which we convey our meaning to the appellate justices. The text must be clear, direct and ultimately persuasive, particularly since almost all appeals are decided on the briefs, before any oral argument takes place.
The second, equally criti...
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