Seek reversal? Request oral argument.

Although the Superior Court affirms over 80% of the time, the statistics show an increased percentage of reversals in cases argued before the assigned panel. For each of the calendar years 2007 – 2011, roughly 10% of the cases submitted on briefs resulted in...

History of legal briefs

Years ago I had the opportunity to watch oral argument in a contract case in the Court of Appeals in London. The argument went on all morning.  Then the judges broke for lunch and announced their intent to return for the afternoon session . . .  in the same case. The...

The Comic Book Brief

“One picture is worth ten thousand words.” This familiar maxim was coined (according to the Oxford Dictionary of Quotations) by Frederick R. Barnard, in the publication “Printers Ink” on March 10, 1927. It is not a Chinese proverb. It is, however,...

Block Quotations – Use Sparingly

Why use sparingly? Many Readers dislike visual impact—requires shift to shorter line length Surveys show judges and staff attorneys tend to skip over quotes more than six or seven lines in length Judges view them as evidence of laziness When to Use? When the quotation...

Argument in Statements of Facts

Appellate advocates regularly wrestle with the task of presenting the facts of a case in a light most favorable to a client without engaging in “argument.” Although there is no bright line separating “argument” from effective advocacy, a review of the decisions...

Effective Use of Headings

The effective use of headings not only organizes the arguments but also assists the reader who loses the thread to get back on track.  Briefs are boring.  Headings allow a reader who loses concentration and dozes off in the middle of a page to go back and pick up...