Quantcast
Channel: Briefly Writing
Browsing latest articles
Browse All 12 View Live

Image may be NSFW.
Clik here to view.

So How Many Issues Do You Raise on Appeal?

Sometimes I see judges or appellate lawyers advise that an appeal brief should not include every valid argument that could possibly be raised on appeal, but only the very best arguments available....

View Article



Image may be NSFW.
Clik here to view.

The Art of Having a Petition for a Writ of Certiorari Granted by the Alabama...

One of the most difficult goals for an Alabama appellate attorney to accomplish is having the Alabama Supreme Court grant certiorari review of a ruling of the Alabama Court of Civil Appeals. Certiorari...

View Article

Image may be NSFW.
Clik here to view.

The Best Statement of Facts … Ever.

When I was a Staff Attorney for an Associate Justice of the Alabama Supreme Court in the 1990’s, I read countless appellate briefs. I really only remember one. That brief contained a Statement of Facts...

View Article

Image may be NSFW.
Clik here to view.

Even with the Spectre of a “Good Count – Bad Count” Doctrine Reversal on...

The Alabama judicial system, pursuant to Rule 49, Ala.R.Civ.P., provides for the use of a general verdict form that does not require the jury to state on which of the count or counts it found in favor...

View Article

Image may be NSFW.
Clik here to view.

I’ll Be Teaching a CLE Seminar on Writing Persuasive Appeal Briefs on July...

The President of the Blount County Bar Association has invited me to give a continuing legal education seminar on persuasive brief writing at the next meeting of the Bar, which will be held July 8,...

View Article


Image may be NSFW.
Clik here to view.

The Alabama Supreme Court Has Invited Defense Counsel to File Mandamus...

In writing this blog over more than two years I have declined to comment on any specific opinion released by the Alabama Supreme Court because the purpose of this blog is to focus on appellate writing...

View Article

Image may be NSFW.
Clik here to view.

Going Against the Rules of Conventional Wisdom in Writing Briefs for...

Whether in my past practice in a mid-sized law firm where I was chair of the appellate practice group, or as a freelance lawyer and brief writer until recently, I’ve generally been the guy other...

View Article

Image may be NSFW.
Clik here to view.

The Importance of Making Your Client a Sympathetic Figure: An Example from a...

One thing I have written about repeatedly in this blog is the need for an appellate attorney to write his or her brief in a way  to make his client appear sympathetic to the members of the appellate...

View Article


Image may be NSFW.
Clik here to view.

The Risks of a “Hinge Point” Appellate Argument.

A “hinge” allows a door to swing left or right, and back again. In making a legal argument, I use the term “hinge point” to refer to a single issue upon which an appeal may be won, or lost. In...

View Article


Image may be NSFW.
Clik here to view.

Your Next Summary Judgment Appeal: Focus on the Trial Judge’s Order.

Trial courts often grant summary judgment motions, and those court orders are often appealed. Yet in reading the appellant’s briefs in such appeals while I worked as a law clerk and then staff attorney...

View Article
Browsing latest articles
Browse All 12 View Live




Latest Images