You’ve just joined a new firm, after two years practicing elsewhere, and a senior partner tasks you to draft an appellate brief for an important client. A plum assignment! Except, you’ve never drafted an appellate brief before. Well, of course, you should own up. But, no matter what, here are some pointers—for the novice tackling this new assignment or for experienced practitioners interested in brushing up.

Know the Record (Cold). Strong advocacy always involves the facts … and persuasive appellate advocacy, in turn, always involves the record. But what does that mean? You have to know the record well to begin the brief writing process. What was the decision below and what was it based on? What facts exist, whether consisting of pleading allegations (on, for example, a motion to dismiss), affidavits and documentary evidence (for a summary judgment motion) or proof submitted to a judge or jury (at a trial)?

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