Appellate practice: tips from the experts

CLE Now! programs are offered online to ABA members – some even offered to non-members – free of charge. They are online, meaning there's no need to leave your desk in order to participate in the training, and are "ready when you are," whether at 6 a.m. or
10 p.m. or 2 a.m. (You must have RealPlayer enabled in order to access the programs.)

One of the offerings from the Section of Litigation is "Appellate Practice: Tips from the Experts," a six-part series providing 1.5 to 1.7 hours of CLE credit (MCLE credit is subject to your state's regulations). In the series, experts address preserving issues for appeal; the final judgment rule, what is appealable and when is it appealable; standards of appellate review; briefing: the statement of the case and the statement of facts; briefing: the argument; and preparing for the oral argument.

In the presentation, Laurie Webb Daniel, chair of Holland & Knight's Appellate Practice Group, encourages lawyers to prepare for the possibility of appeal just as soon as they get a case. Prepare a roadmap for your appeal, said Daniel, with the best one being "a thorough written analysis addressing the legal theories of the case as well as all applicable standards and burdens of proof."

Daniel continues by sharing her Ten Commandments for preserving the record at trial. "When possible," states Daniel, "submit your position in writing."

In addition to Daniel, panelists include Andrew S. Pollis, Hahn Loeser & Parks LLP; George T. Patton, Jr., Bose McKinney & Evans LLP; Walter H. Sargent, sole practitioner in Colorado Springs, Colo.; Peter Buscemi, Morgan, Lewis & Bockius LLP; and Charles G. Cole, Steptoe & Johnson LLP.

"The statement of facts is generally regarded as the most important section of the appellate brief in most cases," states Sargent in his session, "Appellate Briefwriting: The Statement of Facts." Sargent provides his six tips on structuring the statement of facts. "First, it should tell a story," he explains, "preferably an interesting one."

In "The Argument Portion of an Appellate Brief," Buscemi presents tips that should generally be taken into account in arguing an appellate brief, noting that an individual case may call for departing from the guidelines. Think about the reader, advises Buscemi. State your argument, then support it. Follow your structure. And Buscemi encourages, "Try to make the court want to rule in your favor."

Go to the CLE Now! home page to find out more about this program and dozens more.

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