Appellate Brief Writing
I am an experienced appellate brief writer with many years and briefs under my belt. I am guided by the simple fact that attorneys face a great temptation on appeal to attempt to tell everything that happened in the court below and explain why it was wrong. However, in its opinion in United States v. Hart, 693 F.2d 286 (3d Cir. 1982), Judge Aldisert stated that
[w]ith a decade and a half of federal appellate court experience behind me, I can say that even when we reverse a trial court it is rare that brief successfully demonstrates that the trial court committed more than one or two errors. I have said in open court that when I read an appellant’s brief that contains ten or twelve points, a presumption arises that there is no merit to any of them. I do not say that it is an irrebuttable presumption, but it is a presumption that reduces the effectiveness of appellate advocacy. Appellate advocacy is measured by effectiveness, not loquaciousness.
Id. at 287, n.1. See also: Nigro v. Remington Arms Company, 432 Pa. Super. 60, 637 A.2d 983 (1993).
Shorter briefs are almost always better. As an experienced appellate attorney, I can make compelling and concise arguments that attract the attention of appellate courts.
Review and Reproduction of Record
One of the peculiarities of Pennsylvania appellate practice is the fact that the attorney who files the appeal is responsible that the appellate record contain all items needed for appellate review. This is often a vexing requirement because the trial court prothonotaries, who collect the documents and exhibits and transmit them to the Superior Court, often omit crucial items such as trial exhibits and transcripts of depositions used at trial. The attorney for the Appellant must, therefore, review the inventory prepared by the trial court and, at times, the record itself early in the process and take steps to include the missing items. An attorney for an Appellant who fails to address this step does so at his peril and courts a malpractice claim. I have had extensive experience with these matters as well as the technical requirements for the preparation of reproduced records to be submitted with briefs.
Oral Argument
As an experienced advocate, I have argued many appeals in the Pennsylvania state and federal appellate courts.