Day Pitney partner and former Second Circuit Court of Appeals Judge Christopher Droney. Write Your Appellate Briefs for the Court, Not Your Client, and Other Tips for Effective Arguments
Remember, your job is to win cases, not to antagonize the judges
May 21, 2021 at 12:32 PM
4 minute read
Expert Opinion
One of the questions most often asked at seminars on appellate advocacy is what should be the tone of a brief. The answer—that most former judges and experienced appellate advocates give—is that your effort should be to persuade the judges that you are correct. Hyperbole, personal jabs at your opposing lawyers, and overconfidence are counterproductive. Judges do not like it, and it becomes a distraction for them.
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