Don’t Skip The Reply Brief

By Christopher Keleher
Founder

Having the final word in an argument or debate can prove decisive. For litigators, it is thus an opportunity that should not be wasted. Yet, a recent United States Court of Appeals for the Seventh Circuit decision laments that many lawyers do just that. The Seventh Circuit highlighted the disturbing trend of “the missing reply brief” in United States v. Clark, No. 24-1403 (April 9, 2025). The opinion itself was a short five pages, but the Court spent two of those five pages addressing the “missing reply brief” phenomenon. Omitting a reply brief “often sends a message, and the message is not a good one. It signals that counsel may view the appeal as lacking in merit or otherwise unworthy of their full time and attention.” As this Seventh Circuit decision makes clear, appellate counsel must seize every opportunity to advance their client’s position.  

About the Author

Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit.  This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court.  He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.