Effective Appellate Briefs: How Appellate Judges Read Briefs and Decide Cases and How to Give Them What They Want

This CLE course will provide counsel with techniques for writing compelling appellate briefs, identify common mistakes that routinely lead to poor results, and provide a glimpse into how appellate judges read briefs. Appellate courts usually require briefs to be structured in a specific way, and our panel, including a former appellate law clerk, will explore the nuances of each section, providing tips for preparing a persuasive brief that may win a case before or without the need for oral argument.

Even the best and most experienced lawyers can falter when preparing an appellate brief because they do not always fully appreciate what an appellate panel expects, wants, or needs. Writing briefs for appellate review is wholly different from writing briefs for a trial court. Appellate courts do not decide issues the same way as trial judges, and counsel has one and only one chance to educate the court about the client's case.

An effective appellate brief makes a strong and hopefully decisive first impression that focuses the panel on the issues that make a difference in the case and are effectively persuasive in the client's favor.

Ideally, the winning brief leaves little or nothing for the court to question at oral argument. This can mean the difference between winning or losing a case on appeal. Our panel will lead you through developing principal goals for the brief, presenting a robust argument, and making the court want to decide for the client.

Listen as our distinguished panel reviews the effective appellate brief and offers techniques for producing it. The panel will cover the critical components of the appellate brief and provide case-winning tips for preparing an appellate brief that delivers results.