Link: YL-27-Ward.pdf (application/pdf Object).
Okay, Raymond P. Ward is an insurance defense lawyer who practices in big law; however, this 12 page Chapter of a Defense Research Institute book that he authored contains some gems about writing an Appellate brief. What I took from it is that you have to be detail oriented, and, if you didn't attend the trial, you need to immerse yourself in the record, learning the underlying facts better than the parties themselves. That is actually not as hard as it sounds, since you will be coming to the facts without preconceived notions and emotional prejudices. We all tend to go into denial when it is our own case at trial. The next most important tip is that the actual writing of the brief is often secondary to the preparation. In brief writing, the mantra is 90% preparation, 10% digitation. Now, go forth and wow those appellate robes.
Comments