The document provides an overview of strategies for preparing an effective appellant's brief. It discusses selecting 2-3 clear and specific issues; telling a persuasive story with just the essential facts; addressing the applicable standards of review; preparing tables and outlines; making strong legal arguments supported by authorities; and requesting specific relief from the court. The goal is to write briefly and concisely for the justices, while fully and credibly addressing weaknesses in a way that persuades the court the client should prevail.

1. Appellate Practice & ProcedureClass #4:Handling an Appeal—Preparing Briefs (Part I)presented byD. Todd Smithhttp://texasappellatelawblog.comforSolo Practice University™

2. Introduction Most appeals are won or lost on the briefing (aside from merits) Purpose of brief is to persuade the court that your client should win Focus today on basic strategies and appellant’s brief

3. The Basics Legal writing ability is essential Briefs should be brief; rarely approach page limits Write for the justices, not yourself or your client Use proper cite form Go for helpful over adversarial

4. The Basics (cont’d) Don’t assume the justices know the law, but don’t talk down to them, either Favor party names over “alphabet soup” and “Appellant” or “Appellee” Edit, edit, edit! If you can, put the brief down for a few days, then edit some more

5. The Basics (cont’d) Have someone else proofread and cite-check Have the brief copied and bound As always, know and follow your jurisdiction’s rules, and be mindful of local practices

6. Appellant’s Brief

7. Issue Selection Limit to 2 or 3 issues or points of error if possible More than 3 puts lawyer’s credibility at risk Simple statements/questions v. “deep issues”—largely a matter of preference or what court rules require But avoid generic issues like “Did the trial court err by granting summary judgment for the defendant?”

8. Effective Simple Issue Statements

9. Examples of Deep Issues

10. Tables/Indexes First opportunity for advocacy Correctness in formatting, cite form, etc. important Restate issues and argument outline; previews what the case is about and kick-starts justices’ thinking Insert last, after all editing is complete

11. Sample Table of Contents

12. Sample Table of Authorities

13. Statement of Facts Tell a story Think thorough, but short—just enough to cover what is necessary to understand and decide the case Disclose bad facts to protect credibility, but minimize their importance to the story Avoid argument, but nothing wrong with phrasing favorably and persuasively if true to the record

14. Standards of Review Abuse of discretion, plain error, de novo, etc. A credible appellant’s brief will address them; good ones embrace them Don’t just tell the appellate court that reversal is warranted because the standard is met; show it why

15. Summary of the ArgumentPrepare it near end of briefing process, right before tables/indexes Distill your positions down to a few paragraphs Justices will often read this section first

16. Argument and Authorities Lead with the strongest, procedurally (rendition v. remand) and substantively Rely on the strongest authorities you can find (i.e., case law from the highest relevant court and the court deciding the appeal) Confront weaknesses and authority contrary to your client’s position and explain how you overcome them

17. Argument and Authorities (cont’d) Break text up with headings at least every few pages Roman numeral outlines are an effective tool for organizing arguments and transitioning Weave relevant facts into legal argument Avoid substantive footnotes; usually, if an argument is worth including at all, it should go in the text

18. Relief Requested Consider carefully what you want the court to do Ask for that relief specifically and, if appropriate, in the alternative As the appellant, you should request:reversal and rendition of judgment favoring your client;

19. reversal and modification of the trial court’s judgment; or

20. reversal and remand for further proceedings (i.e., new trial)Sample Briefs Some are available through my JD Supra profile I will be adding to my library in the coming months

21. Questions? “Stop by” during office hours Participate in the official study group Visit the Appellate Discussion Lounge

22. Next Time . . .