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Attorneys involved in appellate practice are constantly on the lookout for ways to improve their chances of success. Better brief writing comes to mind initially. That is not surprising—it is widely accepted that the most critical factor than influences an attorney’s likelihood of success on appeal is the quality of the appellate brief.

Courses on legal writing abound. Larger law firm’s often hire experts on legal writing to run boot camps for their associates and even for partners interested in being able to produce better appellate briefs. Articles offering advice and tips on preparing and writing effective appellate briefs are numerous—although most just re-hash what has been said in the past.

There are numerous pointers that can be culled from the many articles and treatises that have investigated this subject. Many often boil down to the admonition to be brief and to be clear.