Appellate Briefing Strategies: Framing the Issue and Drafting the Statement of Facts

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, April 13, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer practical methods for framing the issues on appeal and drafting the facts of the case so that they tell the court a clear, understandable story. The panel will then guide practitioners in how to efficiently edit what has been drafted, including editing one's own writing, editing the writing of someone more senior, and editing the work of someone more junior.
Faculty

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.

Mr. Rhodes' practice focuses on Supreme Court and appellate litigation, as well trial court and bankruptcy court matters involving appellate issues. He has achieved success for his clients in numerous cases at all levels of the federal judicial system and in state courts across the country, including high-stakes appeals with hundreds of millions of dollars on the line. Mr. Rhodes is an accomplished oral advocate, with a record of winning arguments in front of multiple federal appellate and trial courts, and has written successful briefs in countless Supreme Court and federal circuit court cases. His experience has earned him recognition by Legal 500 U.S. as an “up-and-coming name” in appellate practice, as well as multiple awards for his pro bono work. Mr. Rhodes' appellate matters have involved both civil and criminal cases, and have addressed a wide range of subjects, including constitutional litigation, administrative law, antitrust, bankruptcy, CERCLA, corporate veil-piercing, criminal procedure, ERISA, federal preemption, labor law, personal jurisdiction, sovereign immunity, and white-collar crime. He also has experience advising clients in out-of-court mediation proceedings, and counseling clients faced with significant litigation or regulatory risks. In addition, Mr. Rhodes maintains an active pro bono practice, where he has obtained success in multiple appeals on behalf of indigent and incarcerated clients.
Description
Framing the issue and stating the facts in a compelling way are two of the most important and most difficult appellate-brief-writing tasks. These tasks are not necessarily easier or faster for good brief writers, but good brief writers may have more tools at their disposal to deal with recurring challenges and temptations.
The program will review various methods and strategies for identifying the core issues on appeal and tools for finding the best ways to phrase them. The discussion will then turn to what will make the facts compelling and make judges want to decide in the client's favor.
Finally, the panel will discuss editing briefs: one's own, those written by more senior counsel, and those written by less experienced attorneys.
Listen as this experienced panel of appellate lawyers shares the secrets of framing the issue and telling the client's story.
Outline
- Framing the issue
- The importance of framing the issue
- Approaches to identifying the right issue
- Tools for drafting a persuasive statement of the issue
- Dealing with court rules regarding form of the issue
- Drafting the statement of facts
- Importance of the record
- Tools for managing a massive record
- Naming the parties in the brief
- Elements of storytelling in the brief
- Editing
- Oneself
- Senior attorneys
- Junior attorneys
- Writing resources
Benefits
The panel will discuss these and other key issues:
- What makes a powerful statement of issue(s) on appeal?
- What are the best ways to take advantage of the reasoning (or lack of reasoning) in the opinion below?
- How should the statement of facts be organized to tell a clear and compelling story?
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