What is an Appellate Brief?
After a Federal District Court or State court rules on a case by motion to dismiss, on summary judgment, or by jury trial, the losing party may file a notice of appeal, along with an accompanying appellate brief, to have that ruling overturned or revisited by the lower court. Appellate briefs provide an opportunity for the parties to present their legal arguments to the court and influence the court’s decision as to whether the lower court committed any errors or misapplied the law, and thus whether their ruling should stand or be overruled.
An effective appellate brief should not only include persuasive legal arguments or legal precedents, it should include accurate case themes that synthesize specific issues, facts or legal principles to help the Court focus their attention. An effective appellate brief should also control the narrative and effectively tell your client’s story with accurate brief citations to the record. In addition to relevant laws and previous rulings, an appellate brief can also include local rules and regulations and social statistics to support your client’s argument. However, such additions are not possible in all of the appellate briefs, and it is essential to follow the appellate rules and procedures required by the court in your circuit or
What is the Importance of Appellate Brief?
Appellate law is a critical part of the litigation process and drafting an effective appellate brief can have far reaching consequences. On appeal, the Courts can overturn a legal determination or order of the lower court, provide for an entirely new trial, or publish a decision that creates precedential, binding case law for your jurisdiction or state. A comprehensive appellate brief that makes strong legal arguments supported by relevant case law and persuasive story telling has a much higher chance of being successful than a vague appeal. Because the majority of appeals are decided based on the information and arguments made by written briefs and are made only on the record from the trial court it is important to that attorneys craft an appellate brief that effectively uses the information and evidence it already has to persuade the appellate court.
Why Hire a Legal Consultant to Write Your Appellate Briefs?
Preparing a winning brief takes an enormous amount of time, research, and attention to detail. Further, convincing the appellate court that the trial court acted correctly (appelle's brief) or incorrectly (appellant's brief) requires not only convincing legal arguments, it also requires the correct tone and presentation. A legal consultant can draft an effective brief that is written with the judge and brief reader in mind, and communicates legal concepts that resonate directly with the judiciary deciding the case. A legal consultant can also offer an objective perspective on what legal arguments will be the most compelling and stand a chance for survival at the appellate stage. A legal consultant will also draft a brief that complies with appellate rules and procedures, and the governing standards of review, which can vary depending on the issue of the case that is being challenged.