Interested in training for your team? Click here to learn more

Appellate Briefing Strategies: Framing the Issue and Drafting the Statement of Facts

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, April 13, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer practical methods for framing the issues on appeal and drafting the facts of the case so that they tell the court a clear, understandable story. The panel will then guide practitioners in how to efficiently edit what has been drafted, including editing one's own writing, editing the writing of someone more senior, and editing the work of someone more junior.


Framing the issue and stating the facts in a compelling way are two of the most important and most difficult appellate-brief-writing tasks. These tasks are not necessarily easier or faster for good brief writers, but good brief writers may have more tools at their disposal to deal with recurring challenges and temptations.

The program will review various methods and strategies for identifying the core issues on appeal and tools for finding the best ways to phrase them. The discussion will then turn to what will make the facts compelling and make judges want to decide in the client's favor.

Finally, the panel will discuss editing briefs: one's own, those written by more senior counsel, and those written by less experienced attorneys.

Listen as this experienced panel of appellate lawyers shares the secrets of framing the issue and telling the client's story.



  1. Framing the issue
    1. The importance of framing the issue
    2. Approaches to identifying the right issue
    3. Tools for drafting a persuasive statement of the issue
    4. Dealing with court rules regarding form of the issue
  2. Drafting the statement of facts
    1. Importance of the record
    2. Tools for managing a massive record
    3. Naming the parties in the brief
    4. Elements of storytelling in the brief
  3. Editing
    1. Oneself
    2. Senior attorneys
    3. Junior attorneys
  4. Writing resources


The panel will discuss these and other key issues:

  • What makes a powerful statement of issue(s) on appeal?
  • What are the best ways to take advantage of the reasoning (or lack of reasoning) in the opinion below?
  • How should the statement of facts be organized to tell a clear and compelling story?


Cooper, Bennett
Bennett Evan Cooper

Dickinson Wright

Author of Federal Appellate Practice: Ninth Circuit (2015-2016 ed.), a 1,500-page treatise published annually, Mr....  |  Read More

Rhodes, Harker
Harker Rhodes

Clement & Murphy

Mr. Rhodes' practice focuses on Supreme Court and appellate litigation, as well trial court and bankruptcy court...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video