Appellate 101: Demystifying Appellate Legal Writing
Appellate writing can feel exclusive and highly specialized, with its own conventions and expectations that are not always intuitive at first. Unlike trial-level writing, it emphasizes legal analysis, precedent, and standards of review, with less focus on developing new facts. But these are skills that can be learned and strengthened over time.
Appellate writing shapes how judges interpret and apply the law not just for one case, but for similar cases that follow. Clear, persuasive briefs help judges understand complex legal issues and can influence broader legal principles and outcomes.
This resource is designed to make appellate writing more accessible by breaking down the key components of an appellate brief and offering practical, clear guidance on how to craft effective arguments.
Contributors Section
Cody L. Frank, Esq.
Cody L. Frank, Esq. is a first generation college and law school graduate. He is licensed to practice law in Florida and New York. He is a Partner at Brown Sims P.C., where he handles appellate and complex litigation, including state and federal appeals, dispositive motions, and other high-stakes civil matters. He loves writing and appreciates good legal prose, and he brings a record anchored, rule driven approach to briefing that emphasizes clarity, structure, and credibility.
Jared McClain, Esq.
Jared McClain, Esq. is a Senior Attorney at the Institute for Justice. He spent three terms clerking for the Hon. Andrea M. Leahy on the Appellate Court of Maryland, as he held out for a job in appellate practice. Public-interest law is the pathway he found. He now brings civil-rights cases (or “impact litigation”) nationwide. While the cases typically start in trial court, they’re designed for appeals. And the job allows Jared to follow his cases up on appeal through the federal judiciary.
