Appellate Insights

Amicus curiae briefs are powerful tools in the appellate world.  But like every tool, the key is knowing when and how to use them:

• Be different.  Amici shouldn’t join or remake a party’s arguments.  Give real-world insights from industry players; policy perspectives from legal practitioners; and interesting arguments that the parties missed.  Offer a wider, more practical lens than parties who have become wedded to their facts and approaches.

• Start with a simple pitch.  Amicus briefs mean extra work for busy courts.  Begin your amicus brief by succinctly highlighting your important, new angles that are worth the court’s time.

• Be part of the overarching strategy by consulting with the party that you are supporting.  Everyone should know the angle that the party and each amicus will cover. 

▶ The practical message:  A short, finely tuned amicus brief is gold.  Make the opportunity count by providing a new, but complementary, perspective.