Persuasive Brief Writing: What Judges want in their Briefs

Winning the lottery means nothing if you lose the winning ticket before you get to the lottery agent.  Similarly, obtaining a guilty verdict after a long and exhausting trial is worthless if your appellate brief cannot persuade an appellate court to affirm the jury’s verdict.  You do not want to try a case a second time after having a case reversed on appeal. 

In this appealing presentation prosecutors will learn the essentials of writing a clear and concise appellate brief.  Prosecutors will watch various film clips and learn how to protect the record for appeal when trying a case.  Further, we will discuss the results of a survey of Ohio appellate courts judges regarding their likes and dislikes when reading an appellate court brief. 

This presentation received great reviews from prosecutors and was described as “wonderful, very interesting, excellent, informative and engaging.” 

Prosecutors will learn how to:

• Protect the record on appeal in the trial court
• Write a clear, concise and interesting statement of facts
• Recognize the standard of review in your case.
• Avoid arguments that weaken your case.
• Edit your brief to avoid repetition.
• Organize your argument and shorten your brief.
• Answer a judge’s question during argument.
• Prepare for argument and feel confident before argument.
• Know your audience before arguing your case.
• Develop a theme for oral argument.