Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In a typical trial court proceeding, an attorney has months if not years to build credibility with the judge before a final judgment is rendered, and often does so through multiple briefings and personal appearances. On appeal, however, credibility is gained or lost based almost entirely on the parties’ appellate briefs on the merits. By way of example, in the U.S. Court of Appeals for the Ninth Circuit — which is the largest federal appellate circuit in the United States, both in terms of the number of cases filed and number of judgeships — more than 8,000 appeals were decided on the merits in 2012. According to the Administrative Office of the U.S. Courts, more than 75 percent of these cases were decided on the briefs alone, without oral argument. Even before the California Court of Appeal, where oral argument is a matter of right, the panel will almost always reach a tentative decision before oral argument, and the outcome is rarely altered by oral argument.

Effective and credible briefs are essential

The following four tips will help ensure that your brief builds credibility and trust with the appellate judges (and with their supporting staff of law clerks and staff attorneys) so that your client’s position is viewed as favorably as possible.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.