T IPS FOR W RITING AN A PPELLATE B RIEF
Professor Ursula Weigold
T HE U NFAMILIAR R EADER P ERSUASIVE W RITING
Educate and persuade.
Don’t assume the reader knows the law or your facts.
T HE T HEME OF THE C ASE
Reflect your client’s view of the case.
This case is about . . . ?
Tone – Respectful and professional.
Express your conviction.
Emphasize favorable law and facts.
De-emphasize unfavorable law and facts.
Position your best information first and last.
Detail your favorable information.
Be persuasive but subtle in your word choice.
A RGUMENT S TRUCTURE E DITING
Standards of review (from the cases).
Organize “logically” overall.
Follow the courts’ lead.
Order by importance.
Follow rule structures.
Make your organization obvious to the reader.
CRAC –
Conclusion
Rule explanation
Application to the facts
Conclusion
Apply CRAC to logical segments.
Use thesis sentences and transitions.
Be concise (without sacrificing substance).
Edit at the sentence level first.
Eliminate redundancies.
Cut detail before core concepts.
Edit out the least important information first.
Use correct citation form. (Check the
LR&W website for sample cites.)
Edit for mechanics (e.g., grammar, punctuation, spelling).

Examples: Write for an unfamiliar reader 1
Vague:
1. Smith’s will is valid because he fulfilled the three requirements under state law. He fulfilled the second requirement even though he used only his initials to sign the will.
Better:
2. A person’s will must be “in writing, signed at the end by the person, and attested by two competent witnesses.”
Jones v. Peak, 212 N.W.2d 12 (Minn.
2009). Smith fulfilled all these requirements when he executed his will, even though he signed the will only with his initials.
1 Examples are based on Helene S. Shapo, et al., Writing & Analysis in the Law (5th ed. 2008).
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Example: Make your organization obvious (roadmap & transitions)
The Sioux Falls School Policy, which regulates how city schools may observe religious holidays, is constitutional. The First Amendment does not prohibit all connection between government and religion. Lemon v. Kurtzman, 403
U.S. 602 (1971). The Supreme Court has created a three-part test to clarify the degree and type of connection that is permissible. Id.
Under this test, a law is constitutional if (1) it has a secular legislative purpose, (2) its principal or primary effect is one that neither advances nor inhibits religion; and (3) it does not foster an excessive government entanglement with religion.” Id. The Sioux Falls Policy complies with each of these three requirements.
First, the Policy has a secular legislative purpose. “Secular” in this context means . . . .
Example: Be persuasive but subtle
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1. Poor, sweet, vulnerable, little Lucy cannot understand why the only father she has ever known has heartlessly rejected and abandoned her.
Rewritten:
1. Five-year-old Lucy cannot understand why she no longer sees her father.
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Example: Be persuasive but subtle
2. Although he is not her biological parent, Mr. Pardy is the only father Lucy has ever known for her entire life!!!
Rewritten:
2. Although he is not her biological parent, Mr. Pardy is the only father Lucy has ever known.
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Example: Be persuasive but subtle
3. Respondent’s use of authority is wrong-headed and misleading.
4. The lower court ignored the clear weight of the evidence and irrationally concluded . . . .
Rewritten:
3. Respondent’s authority does not apply. (Respondent’s use of authority is incorrect.)
4. The lower court’s ruling is clearly erroneous because . . . . (The trial court abused its discretion because . . . .)
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Example: Be concise (without sacrificing substance)
1. Based on the Jones case, it is possible to argue that the policy underlying the statute could also apply to some off-duty actions by a police officer. Jones, 345
F.3d 119 (5th Cir. 2005).
Rewritten:
1. The policy underlying the statute applies to some off-duty actions by a police officer. Jones, 345 F.3d 119 (5th
Cir. 2005).
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Example: Be concise (without sacrificing substance)
2. The respondent is correct in saying that courts allow contracts in domestic relationships, but there are limits to the right to contract in this area, and the parties may not injure the best interests of a child by their contract.
Rewritten:
2. Although courts allow some contracts in domestic relationships, there are limits, and the parties may not injure the best interests of a child.
Examples: Basic case citation form
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Federal cases:
Smith v. Jones, 459 U.S. 55 (2008).
Smith v. Jones, 321 F.3d 44 (7th Cir.
2008).
Smith v. Jones, 234 F. Supp. 2d 19 (W.D.
Wis. 2008).
State cases:
Smith v. Jones, 789 N.W.2d 89 (Minn.
2010).
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