Effective Reply Briefs in Appellate Practice: Strategic Uses, Best Practices for Drafting
Recording of a 90-minute CLE webinar with Q&A
The CLE course will provide guidance to appellate lawyers on strategic uses of--and best practices for drafting--reply briefs in appellate practice. The panel will provide insights, explore those best practices, and offer concrete tips for drafting a reply that may resolve a case before, or without the need for, oral argument.
Outline
- Weighing the strategic use of reply briefs
- Identifying the key arguments to brief
- Responding to strong (and weak) opposition arguments
- Structuring and presenting the response clearly and concisely
- Best practices and case studies
Benefits
The panel will review these and other relevant issues:
- Identifying and focusing on the primary goals of the appellate reply brief
- Restating the issues in a persuasive manner
- Presenting the written argument clearly and concisely with proven persuasive techniques
- Honing in on the weaknesses in the opponent's position
- Rebutting the opponent's strongest arguments
- Exploiting an opponent's common brief-writing mistakes that weaken their position
- Leveraging judicial preferences to strengthen your client's position
Faculty
Mark Cooney
Professor
Western Michigan University Cooley Law School
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private... | Read More
Prof. Cooney has taught Research & Writing and Advocacy for 16 years. Before teaching, he spent 10 years in private practice with civil-litigation firms, specializing in civil appeals. He has successfully briefed and argued appeals in the Michigan Supreme Court, the Michigan Court of Appeals, and the U.S. Court of Appeals for the Sixth Circuit. He’s a past chair of the Michigan State Bar's Appellate Practice Section, was a founding board member of the Michigan Supreme Court Historical Society’s Advocates Guild, and is a frequent speaker and moderator at programs on legal writing and appellate practice. Prof. Cooney is Editor-in-Chief of The Scribes Journal of Legal Writing.
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Adam W. Hofmann
Partner
Hanson Bridgett
Mr. Hoffman serves as the assistant leader of the firm’s appellate practice group. He represents both public and... | Read More
Mr. Hoffman serves as the assistant leader of the firm’s appellate practice group. He represents both public and private clients in civil writs, appeals, and mandate proceedings. Mr. Hoffman has briefed and argued cases in the Ninth Circuit and every district court of appeal in California and has filed merits briefs in two U.S. Supreme Court cases. His experience includes representing cities, counties, and special districts in writs and appeals relating to public finance and revenue measures, land use, civil rights, employee benefits, labor standards, and election law. He has also represented corporate and individual clients in land use, healthcare, and employment appeals.
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