Guide to Legal Writing,
Appellate Practice
Sep. 10, 2025
5 pointers for more persuasive appellate storytelling
The fact section of an appellate brief should provide relevant details that allow judges to draw their own conclusions; avoid unnecessary information, adjectives, and adverbs; and accurately present both favorable and unfavorable facts to maintain credibility.
If bad facts make bad law, a badly written fact section can diminish your chances of a favorable outcome on appeal. Some advocates overlook the power of a persuasive statement of facts or misunderstand the role the statement of facts should play in an appellate brief. The fact section is not your opportunity to insist that the defendant was malicious, the plaintiff negligent, or the trial court unreasonable: It's your chance to give judges and law clerks the details they need...
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