Michael Skotnicki has tremendous experience as an appellate attorney, having worked as a law clerk and then staff attorney to several Justices of the Alabama Supreme Court from to He assisted those Justices with deciding appeals, mandamus petitions and other appellate matters, and drafted about 80 of the Court's published opinions. It was through that work that he learned the small things that often make the difference between a winning brief and a losing one. Recognized as a top appellate advocate, Michael has taught continuing legal education seminars on appellate briefing for NBI, Inc.
To write an effective legal brief, it is necessary to understand the function of these documents as well as the variations in procedural requirements. Legal Briefs Are Arguments Legal briefs are written arguments that set out the relevant laws on an issue and describe how they should be applied to the facts of a particular case.
Learn how outsourcing your Massachusetts legal research, legal writing, appellate brief or motion practice can save you time and money. Learn how outsourcing your Massachusetts legal research, legal writing, appellate brief or motion practice can save you time and money. ;. How To Write a Legal Brief Despite that you should have learned all this in Legal Research & Writing back in law school, here is a brief introduction (or refresher) on brief writing. Follow the below steps and you’ll draft better briefs. In theory, every law school graduate should know something about how to write an effective appellate brief. After all, first-year legal writing classes in law school often concentrate on that skill.
A legal brief is generally prepared for submission to a particular court in a particular case, with the goal of convincing the judge to rule in a particular way on certain issues.
Given this, only someone comfortable with legal research and familiar with the facts of the legal matter should undertake the task of writing a brief. Formats Vary Widely The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among different courts, but also within one jurisdiction.
For example, there are very specific format requirements for a brief that supports a motion for summary judgment in a trial court that vary considerably from the requirements for an appellate brief before the state supreme court.
Organizing the Argument Before an attorney begins drafting a legal brief, she identifies the exact legal points at issue. To that end, she reviews all the documents filed in the case that relate to these issues, researches the law and determines what types of evidence she will need to support her argument.
Once this preparation is done, she organizes the argument to lead the judge, in logical and well-supported steps, from one point to the next, until the desired conclusion appears inevitable.
Well-written legal briefs include only information essential to the argument; a critical point can be lost if hidden in verbal bloat. It is important to read and understand the position of the opposition before sitting down to write a reply brief, since the intention of this brief is to show the judge the errors in reasoning.
Good reply briefs focus on each point raised by the opposition rather than simply restating opening arguments.Appeals and Briefs by Michael Skotnicki, Esq.
is a freelance legal writing service for practicing attorneys who need assistance preparing appellate briefs, complex trial court motions and supporting briefs, or other pleadings. appellate briefs for massachusetts attorneys With more than 25 years’ experience in handling appeals and drafting appellate briefs, I can assist you in preparing your brief.
If you don’t regularly do appellate work, or just lack the time to prepare a complex brief, consider outsourcing the .
Given this, only someone comfortable with legal research and familiar with the facts of the legal matter should undertake the task of writing a brief.
Formats Vary Widely The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among .
"Sit down and write one paragraph [about] what it is you want to the court to know from your legal argument. Then structure your argument to literally track that exact structure, and keep it as simple as possible," suggested Dominic F.
Perella of Hogan Lovells, who has briefed cases for the U.S.
Supreme Court. Appellate Brief, Massachusetts Appeals Court. Brief of appellee, arguing that appellants had not acquired an easement by prescription, easement by necessity or easement by implication to use pathway crossing appellees’ house .
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and nationwidesecretarial.com form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position.