When an appeal involves legal issues that are novel or of statewide importance, appellate counsel should consider soliciting amicus curiae (“friend of the court”) participation in support of their client’s position. The first step is to identify potential amici who would be willing to submit an amicus brief to provide the court with information and perspectives beyond what is presented by the parties. For corporate litigants, in-house counsel can be a valuable resource for identifying potential amici and assisting appellate counsel in soliciting amicus participation.
Interest groups are frequent amicus participants. In Saint v. Syracuse Supply Co.,1 for example, the New York State Trial Lawyers Association and Defense Association of New York filed amicus briefs on opposing sides of a personal injury action arising under the New York Labor Law. Industry trade groups are also active amicus participants. In ACE Sec. Corp. v. DB Structured Products,2 multiple banking and securities industry associations filed amicus briefs in a case involving mortgage-backed securities. Many interest and trade groups have committees that search for amicus opportunities and evaluate requests for amicus participation.
