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10 Commandments of Appellate Brief Writing for Associates

Whether you are an early-career associate, transitioning back into practice after a career break, or a seasoned attorney, writing an appellate brief can be a daunting task. As you stare at a blank piece of paper, or the glowing screen of Microsoft Word, it can be difficult to know where to begin! This 60-minute webinar and CLE explores 10 suggestions for writing your first (or 50th) appellate brief. Utilizing these strategies, you will be well on your way to writing a strong appellate brief that you’ll be confident handing to a Partner for review and, ultimately, the court for your client.

Topics covered include:

Legal Writing Law Practice

Agenda:

Brief Intro
- Introduction to Marina J. Wilson and appellate brief writing
The Local Rules
- Required sections
- Page limits
- Formatting
Outlining & Argument Preparation
- Thorough outlines
- Planning your arguments
Persuasive Writing & Your Facts
- Acknowledging good and bad facts
- The art of persuasion and humanizing your client
- Key facts + bonus
Standard of Review
- Differing standards of review
- Impacts of standard of review
Avoiding Errors & Misstatements
- Accuracy of facts
- Accuracy of the law
Citations
- Record cites
- Legal citations
Avoiding Personal Attacks
- Legal arguments v. individuals
Editing & Proofreading
- Resources for editing & proofreading
Your Role as Appellant v. Appellee
- Standard of review reminder
- Whether you will reply
Developing Your Style
- Personal, unique voice
Conclusion, Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: November 21, 2024 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Marina Wilson is introduced as the speaker, with a background in employment, education, and civil matters, and notable achievements during her law school tenure. Marina shares her experience in appellate brief writing, emphasizing the importance of research and writing in her practice. She clarifies that her insights are not legal advice and encourages attendees to develop their own style and methods.

04:42 Understanding Local Rules and Formatting

Marina stresses the importance of understanding local rules for appellate brief writing, sharing her own experience of discovering these rules as a new associate. She explains how local rules dictate the filing process, deadlines, and required elements in a brief, emphasizing the need for thorough preparation. Formatting is crucial, as courts have specific preferences for margins, font sizes, and spacing, which must be adhered to. Marina advises creating a checklist to ensure all required elements are included in a brief, avoiding technical rejections. She highlights the importance of calendaring deadlines and maintaining a firm-wide calendar to keep track of important dates.

12:22 Outlining and Storytelling in Briefs

Marina advocates for outlining as a crucial step in brief writing, noting that it improves the quality of the work product. She suggests starting with the main argument and filling in supporting details, including alternative arguments and essential elements. Storytelling is emphasized as a way to engage the court, using facts to humanize the client and make the case more compelling. Marina advises against hiding from unfavorable facts, instead framing them in the best possible light without misleading the court. She underscores the importance of stating the standard of review and supporting it with citations, ensuring accuracy in legal arguments.

21:57 Citing and Avoiding Misstatements

Marina warns against misrepresenting facts or law, as appellate courts will verify citations and statements. She stresses the importance of updating legal research to ensure cited cases remain good law, sharing a personal anecdote about changing legal precedents. Familiarizing oneself with the record is crucial, as all citations must come from the existing evidence and procedural history. Marina advises using tools like the Bluebook for accurate citations and leveraging technology to streamline the citation process. She cautions against personal attacks in briefs, advocating for professionalism and focusing on legal arguments rather than opposing counsel.

39:37 Editing and Proofreading

Marina emphasizes the importance of editing and proofreading, allowing time to revisit drafts with fresh eyes for better quality. She advises creating a timeline for drafting and reviewing briefs, considering the involvement of other attorneys in the process. Marina shares her practice of stepping away from drafts to gain a new perspective, improving the final product. She encourages seeking feedback from colleagues to enhance the quality of the brief and avoid errors.

48:28 Developing Personal Style

Marina discusses the importance of developing a personal style in appellate brief writing, acknowledging that different methods work for different individuals. She encourages learning from others and adapting techniques that resonate, while accepting feedback to improve one's style. Marina highlights the value of collaboration with colleagues and opposing counsel in refining writing skills. She advises distinguishing between necessary changes and stylistic preferences when receiving feedback.

55:51 Q&A and Conclusion

Marina answers audience questions, offering tips on creating logical outlines and avoiding personal attacks in legal arguments. She suggests using checklists to manage differing local rules across jurisdictions and balancing honesty with advocacy in presenting facts. Marina shares her method of organizing record and legal citations for easy verification during editing. She advises rechecking case law and factual assertions before submitting briefs to avoid misstatements.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Marina J. Wilson Associate Attorney
DeShazo Adams, LLC

Marina J. Wilson’s practice includes employment, education, and other civil matters. She received her bachelor’s degree from the University of Georgia and earned her J.D. cum laude from the Louisiana State University Law Center. While at LSU Law, Marina received the 2nd Place Best Oralist award in the Dean’s Cup Competition, was a Semifinalist at the National Energy & Sustainability Moot Court Competition, and earned recognition for her academic performance. Prior to returning to practice, Marina worked on free law projects and legal marketing solutions at Justia.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Nebraska CLE

Status: Approved

Credits: 1.00 Professional Responsibility

Earn Credit Until: March 6, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

This presentation is approved for one hour of General CLE credit in California, one hour of Professional Responsibility CLE credit in Nebraska, one hour of General CLE credit in North Carolina, and one hour of General CLE credit in South Carolina (all levels).

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