10 Most Common Mistakes When Writing An Appellate Brief

The August 31, 2009 New York Law Journal ran an interesting story by an appellate attorney where he outlined the 10 most common mistakes in appellate brief writing, here (free registration required). So what are those mistakes?

1. Failing to take full advantage of respondents' and reply briefs.

2. Failing to explain why the trial or motion court should be reversed.

3. Failing to pick up on the procedural issues that can undercut your opponent's argument.

4. Failing to focus on the key facts and spending too much time on the irrelevancies.

5. Failing to carefully choose and effectively cite cases.

6. Failing to make effective use of quotations.

7. Failing to make sure your citations are consistent and accurate.

8. Failing to orient the judge.

9. Failing to avoid jargon and inflated language.

10. Failing to recognize the impropriety of personal attacks.

    The most important mistake lawyers should avoid, however is left out. A good appellate or for that matter any brief, should acknowledge the other sides argument or your weakness and you should explain why your argument is the stronger one.

Mitchell H. Rubinstein