When an appeal involves legal issues that are novel or of statewide importance, appellate counsel should consider soliciting amicus curiae (“friend of the court”) participation in support of their client’s position. This month, we discuss the elements of a motion for leave to file an amicus brief in the New York Court of Appeals and the attributes of a well-crafted amicus brief.

The first step is to promptly identify and recruit potential amici. For corporate litigants, in-house counsel can be a valuable resource for identifying potential amici and assisting appellate counsel in soliciting amicus participation. Advocacy groups and industry trade groups are frequent amicus participants. These organizations often have committees that search for amicus opportunities and evaluate requests for amicus participation.