Writing advice from two Federal Appellate Court Judges

By Christopher Keleher
Founder

Recently, two judges from the Eleventh Circuit Court of Appeals, Chief Judge Pryor and Judge Newsom offered an important suggestion to federal appellate brief writers: begin the brief with an introduction. 

The judges wrote a letter to the Advisory Committee on Appellate Rules pushing for an amendment to Federal Appellate Rule 28, which addresses the contents of briefs. They recommend a new, permissive “introduction” section.  Specifically, “a short introduction that briefly frames the case, identifies the key legal issue(s), and recommends a resolution.”

Judges Pryor and Newsom liken a “a good introduction” to an “elevator pitch.”  And it is not surprising that federal appellate judges would want such a section. A good introduction can provide an easily digestible overview of the case as well as the “why” the Court should rule in your favor, before the writer (and reader) dive into the factual and legal thicket of the case. 

The letter from the Eleventh Circuit is attached here.

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.