Appellate Briefs - Do's and Don'ts

Do's

• Follow court rules meticulously - Adhere to all procedural and formatting requirements to avoid having your brief dismissed.
• Start strong - Grab the judges' attention with the Questions Presented and a Summary of the Argument.
• Connect facts to issues - Seamlessly integrate statements of facts with legal arguments.
• Focus on key issues - Build the strongest arguments around 2-3 winning issues rather than diffuse arguments.
• Use headings and subheadings - Organize arguments clearly under separate headings and subheadings.
• Use strong persuasive writing - Write assertively and confidently to convince judges.
• Use a standard of review judiciously - Tailor arguments to meet the required standard of review.
• Use cases effectively - Distinguish unfavourable cases and use analogies to favourable precedents.
• Proofread meticulously - Refine drafts and edit strictly before filing. Remove typos, inconsistencies and grammatical errors.

Don'ts

• Don't wait until the last minute - Rushed briefs often have clarity, research and proofreading issues.
• Don't use excessive jargon or legalese - Avoid obscure Latin phrases and archaic terminology.
• Don't make personal attacks - Critique reasoning but refrain from ad hominem attacks on lower courts or opponents.
• Don't use weak arguments - Omit weaker arguments that distract from winning issues.
• Don't present new evidence - Appellate briefs are limited to the trial court record.
• Don't make factual misstatements - Misstating facts hurts credibility. Judges may disregard arguments.
• Don't have typos - Typographical errors signal a lack of care and poor proofreading.