Legalizing the Appellate Introduction

The problem is that some lawyers are writing really long and argumentative introductions in their legal briefs for the Florida appellate court. This is causing some judges to question if introductions should even be allowed. However, a well-written introduction is actually a good idea and can be an important part of making a persuasive argument. It’s like the beginning of an essay that helps make the rest of the argument clear and strong. Back in the old days, lawyers had to follow specific rules when writing their legal briefs. They had to include certain sections, like the “nature of the case” and “summary of the argument.” These rules changed over time, and not all lawyers followed them at first. But eventually, the requirement for a summary of the argument became important and had to be included in every brief. Some judges didn’t think it was necessary, but it became a standard part of legal documents. In the 1990s, lawyers started to realize the importance of summarizing their cases in briefs. But there was confusion about where the summary should go in the brief, and how it should be used to persuade the judges. Some lawyers started adding a summary at the beginning of their briefs, called an introduction, and judges seemed to like it. But eventually, too many introductions caused problems. A proposal was made to replace the summary of the argument with a summary of the case at the beginning of the brief, similar to an executive summary in a business memo. The proposed rule change would encourage a more restrained persuasive style. This article talks about the different elements that should be included in a legal brief, such as citations, summary of the case, statement of the case and facts, summary of argument, argument for each issue, and a conclusion. It also mentions specific rules and guidelines that need to be followed when writing a brief. It suggests that these guidelines should be adopted by the Appellate Rules Committee. Chris W. Altenbernd is a lawyer at a firm in Tampa. He used to be a judge for over 27 years. This column is written on behalf of a group that focuses on appeals in court.

Source: https://www.floridabar.org/the-florida-bar-journal/legalizing-the-appellate-introduction/