Every criminal appeals lawyer is faced with this question all of the time: do I include this argument or not? This situation arises when a legal outsourcing associate is writing a criminal appellate brief for a client and is confronted with the situation where there may be another argument to raise in the brief, but it is a very weak one. Argue or not to argue…This is the question.
The purpose of a criminal appellate brief is set forth persuasive legal arguments that are strongly supported by case law, statutes, rules and regulations. Most appeals are won or lost on the briefs and very rarely do the oral arguments tip the scale to your favor. Here are ten tips for writing for the criminal appellate lawyer writing a brief:
The legal outsourcing work is slowing down and I have only one assignment due next week. My response is to return to what I should never have stopped doing — blogging, posting on social media and searching for more work.