After working as an appellate lawyer for 14 years, I became a judge on the Florida Supreme Court. Now, I want to share some tips for writing better briefs for appeals. First, keep the brief short. Second, include an introduction. And third, divide the brief into sections. These steps may sound simple, but if done well, they can make your brief much more effective. And remember, the most important thing is to make sure your client has the best possible chance to win. Want to be a better advocate? Write shorter briefs. Lawyers love using lots of words, but judges prefer shorter, more focused briefs. A long brief can overwhelm a judge who has to read many cases. So, keep it short and only include the important facts and issues. Keep it simple and to the point. That’s how you win brownie points with the judge. Don’t worry, shorter doesn’t mean less persuasive. In fact, shorter briefs often persuade more. Stick to the relevant facts, cut out the extra stuff, and write concisely. It’s not easy, but it’s worth it. Don’t use too many dates in your legal writing, it can confuse the reader. Focus on the important issues for the appeal and forget the rest. Also, only focus on the strong issues, don’t dilute them with weaker ones. It’s better to have one strong issue than many weak ones. If you have five issues to argue in a legal brief, it can make the brief too long and weak. By focusing on just the strongest arguments, the brief becomes shorter and more powerful. Many lawyers think they have five strong arguments, but in reality, they probably only have one or two really good ones. It can be hard for lawyers to be objective about their own case, especially if they worked on it at trial. But considering the judge’s perspective and being objective leads to better advocacy. So, it’s better to have a shorter, stronger brief with just the best arguments. In order to improve the force and impact of briefs, one simple way is to include a short introduction at the beginning. This introduction should provide context for the case and can be as short as two paragraphs or up to two pages, depending on the complexity of the case. It is designed to help the reader (usually the judge) understand the background and significance of the case.
For example, let’s say a detective learned that two individuals, Joe and Steve, wanted to buy drugs and met with them to make a deal. Joe was arrested and charged with drug trafficking, and the detective confiscated money and other items. Providing this context at the beginning can help the judge better understand the case before diving into the detailed facts and arguments. This is a case where Pretty City confiscated property because someone was arrested for selling drugs, and they’re trying to keep the stuff even though it’s not related to the criminal case. The trial court stopped the whole thing until the criminal case is over, and the person whose property was taken is trying to get it back. They’re saying the court made a mistake and should lift the hold, but the court won’t budge. Now, they’re asking an appeals court to decide if the trial court was wrong to keep everything on hold. To make your legal brief stronger, make sure to start with a clear introduction that tells the judge what the case is about and why it’s important. Then, organize your argument into sections that address different parts of the test or argument. This will make it easier for the judge to understand and follow your points. By doing these two things, you can make your brief shorter and more effective. To make your writing more powerful, start each section of your brief with a summary paragraph. This paragraph should outline the argument and provide a roadmap for the reader. It helps the reader understand the organization of the brief and makes it easier to follow. Make sure to double-check that the argument actually follows the outline you provide in the introduction. In this article, three simple ways to improve your appellate advocacy are explained: shorten your brief, include an introduction, and divide your argument into subsections. These tips will help make your briefs more powerful and improve your chances of winning in court. The author, a former Florida Supreme Court justice, provided these tips on behalf of the Appellate Practice Section.
Source: https://www.floridabar.org/the-florida-bar-journal/three-simple-ways-to-improve-your-briefs/
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