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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, October 19, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide counsel with techniques for writing compelling appellate briefs, identify common mistakes that routinely lead to poor results, and provide a glimpse into how appellate judges read briefs. Appellate courts usually require briefs to be structured in a specific way, and our panel, including a former appellate law clerk, will explore the nuances of each section, providing tips for preparing a persuasive brief that may win a case before or without the need for oral argument.

Faculty

Bennett Evan Cooper
Member
Dickinson Wright Pllc

Author of Federal Appellate Practice: Ninth Circuit (2015-2016 ed.), a 1,500-page treatise published annually, Mr. Cooper is respected as a leading practitioner before the U.S. Court of Appeals for the Ninth Circuit. In addition, he has represented parties and amici curiae in the U.S. Supreme Court and the Second, Third, Fifth, Tenth, Eleventh, D.C. and Federal Circuits, as well as various state appellate courts. Mr. Cooper is a past chair of the ABA’s Council of Appellate Lawyers and began his legal career as a law clerk to Ninth Circuit Judge (and later Chief Judge) Alex Kozinski.

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Kirsten M. Castaneda
Partner
Alexander Dubose & Jefferson, LLP

Ms. Castañeda began her career as a trial lawyer after serving as a briefing attorney at the Dallas Court of Appeals. Ms.Castañeda is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.  Her commitment to innovation and excellence has led to recognition by Chambers USA for Texas appellate litigation, Best Lawyers in America for Appellate Practice and Commercial Litigation, Super Lawyers Texas Appellate list, and D Magazine’s Best Lawyers in Appellate practice.

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Description

Even the best and most experienced lawyers can falter when preparing an appellate brief because they do not always fully appreciate what an appellate panel expects, wants, or needs. Writing briefs for appellate review is wholly different from writing briefs for a trial court. Appellate courts do not decide issues the same way as trial judges, and counsel has one and only one chance to educate the court about the client's case.

An effective appellate brief makes a strong and hopefully decisive first impression that focuses the panel on the issues that make a difference in the case and are effectively persuasive in the client's favor.

Ideally, the winning brief leaves little or nothing for the court to question at oral argument. This can mean the difference between winning or losing a case on appeal. Our panel will lead you through developing principal goals for the brief, presenting a robust argument, and making the court want to decide for the client.

Listen as our distinguished panel reviews the effective appellate brief and offers techniques for producing it. The panel will cover the critical components of the appellate brief and provide case-winning tips for preparing an appellate brief that delivers results.

Outline

  1. Stating the issues persuasively
  2. Telling your client's story with the statement of facts
  3. Spoiler alert: effective summary of the argument
  4. Structuring and presenting the argument clearly and concisely
  5. Explaining what you want the court to do in the conclusion

Benefits

The panel will review these and other relevant issues:

  • Identifying and focusing on the primary goals of the appellate brief
  • Stating the issues in a persuasive manner
  • Addressing less favorable facts with candor while minimizing their impact on the case
  • Presenting the written argument clearly and concisely with proven persuasive techniques
  • Honing in on the weaknesses in the opponent's position
  • Avoiding common brief writing mistakes that weaken your client's position