Appellate Practice
Aug. 15, 2018
Effective appellate briefs: the folk wisdom and the reality
How accurate is anecdotal wisdom about appellate briefs? I and a colleague tested it empirically and quantitatively. We found that most, but not all, of this wisdom is unfounded.
Steven R. Morrison
Associate Professor
University of North Dakota School of Law
Email: steven.r.morrison@gmail.com
Steven is a federal appellate attorney
Anyone dedicated to the art of appellate advocacy is familiar with the advice of Professor Bryan Garner, Judge Ruggero Aldisert, and others. Garner, for example, suggests that no issue statement exceed 75 words, and Aldisert was skeptical of briefs that presented more than three issues. Judge Richard Posner recommended citing fewer sources and filing a reply brief, Judge Alvin Schall wrote that briefs should be as concise as possible, and a former law clerk with the F...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In