Strategic Use of Amicus Briefs in Appellate Advocacy

Amicus briefs are playing an increasingly influential role in the U.S. Supreme Court at both the certiorari and merits stages, and in other federal or state court appeals. A properly prepared and truly persuasive amicus brief can expand, or add valuable perspective to, the parties’ legal arguments, as well as discuss the importance and impact of the questions presented. This includes supporting a certiorari petition or other petition for review by explaining why review is important to the amicus curiae, the industry that it represents, and the public. But a "me too" amicus brief that merely replicates a party’s legal arguments fails in its mission to serve as a "friend of the court."

Amicus counsel not only must be familiar with procedural requirements governing submission of amicus briefs, but also familiar with the style in which they should be written. And from the viewpoint of a party’s counsel, knowing when and how to solicit amicus support, and how to coordinate multiple amici to avoid duplicative or excessive briefs, is crucial.

Listen as our panel of experienced appellate attorneys discusses the strategic use of amicus briefs in appellate advocacy. The panel will offer a wealth of information on both amicus brief strategy and the art of drafting persuasive amicus briefs.

1. Procedural requirements governing amicus briefs in the U.S. Supreme Court and other appellate courts
2. Why, when, and how to solicit and coordinate amicus support
3. Elements of an effective amicus brief
4. The government as amicus curiae

The panel will review these and other key questions:

• What strategic considerations affect the decisions on whether to solicit and/or file amicus briefs?
• What are the elements of an effective statement of interest?
• What unique considerations should counsel consider at the discretionary review stage versus the merits stage?
• How can appellate attorneys, trial counsel, and in-house counsel most effectively team on preparation of amicus briefs?
• What special issues are involved when the Solicitor General is invited by the U.S. Supreme Court to file an amicus brief on behalf of the United States? When state attorneys general file as amici curiae?