Practice Pointer: 5 Federal Circuit Brief Writing Tips
February 26, 2019
Authored and Edited by Elizabeth D. Ferrill
- Know the standard of review, and clearly state it in the brief; then apply it. Making arguments using a de novo standard of review is not productive when the standard of review is clear error, for example. The standard of review is the lens through which the court evaluates a case. It is important to understand it in brief writing.
- Carefully select your issues. Pick your best issues and, while keeping the standards of review in mind, consider your best legal, as opposed to factual, issues. Taking a “shotgun” approach to discussing issues is not productive, as it detracts from the primary points that you are trying to make.
- Write clearly. Sentences should be clear, concise, persuasive, short, and written in active voice. Avoid repetition.
- Make use of headings and subheadings. These headings are used as signposts for the reader. Avoid making them too long and avoid becoming argumentative in them.
- Use the facts section to your advantage. While acknowledging bad facts is important, it is also important to use the facts section to paint the picture of the case in a way that is most favorable to your side. Avoid arguing in the facts section; keep it as objective as possible.
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