8 Questions Clients Must Ask About Draft Briefs To Help Win Appeals

Clients should not be cheerleaders when they review drafts of appellate briefs. They should take steps to make the brief more effective from the judges' viewpoint. Asking the following questions as they review their lawyers' drafts is a good start to helping win the appeal.

1. Is the brief front-loaded for the judges?
   
   Does the very beginning of the brief give the court the argument in a nutshell – through an "Introduction" or the like – so the facts that follow provide the foundation and context for the legal arguments? The judges should be substantively engaged from the very start of the brief. Don't make them wade through boilerplate and identification of parties and claims before they get to the meat of the arguments.