When people are very good at something, they make it look easy. By way of example, we’ve been watching the Olympics recently.  Those athletes are so skilled that they make their hard work look effortless. I think this is equally true of lawyers. Great trial lawyers are so persuasive that it seems natural. The same is true of good appellate advocacy, research, and writing. 

A few notes:

• The Supreme Court decided three cases recently for those interested: Mast, et al. v. A.A., et al. (originally an adoption matter but… so much more); Keil v. O’Sullivan (a FOIA case); and Norwood v. Commonwealth (a criminal case about a motion to suppress). 
• I have already failed at my resolution to do more frequent blog posts. Do I get a pass for the ice storm without childcare? My vote is yes.
• Know any appellate lawyers looking for a job? Please send ’em my way.
• If you read the Mast v. AA case, you will instantly see just how much work went into it on all sides. I hope you leave feeling inspired. 

I’ve said it before and I’ll say it again: good writing is a joy to read. Just like novels we don’t want to put down, when I read excellent legal writing, I leave feeling energized. 

But those of us who have ever sat down to write anything know that it is easier said than done. A great deal of work goes into making a brief effortless to read.

Which brings us to Mast. Justice Kelsey’s majority opinion takes us on quite a legal journey. There are numerous issues and sub-issues, but in his typical way, Justice Kelsey makes the outcome seem like a foregone conclusion…until you read Justice Mann’s eloquent dissent. It is powerful and very persuasive. 

I’ll leave you to decide which side of the “v.” you side with, but here are a few legal writing tools the justices used: 

• Bullet points to emphasize important facts. See what I’m doing here? 😉 
• Section headings that are a complete sentence and function as an abbreviated argument; 
• Selectively italicized words;
• Short, punchy sentences to add variety. It makes each point stand out.

I haven’t read the parties’ briefs in this case. But can’t you tell reading the Supreme Court decision that these attorneys fleshed out every possible argument? This case required extensive research and preparation to make sure no stone was left unturned. No Rule 5:25 here. And because it was done so well, if you didn’t pay attention, you might not realize how hard that is to do. 

A shameless plug to hire appellate lawyers for appeals.

In my personal life, I make it a point to go to the experts when I need help with something important. Legal marketing? Business coaching? Employment law? Medical issues? I go to specialists. Financial questions go to CPAs, tax lawyers, and data scientists (like my sweet husband, who has willingly leaned into his role providing unpaid labor for the firm). And so on.

I was talking to a new friend at a conference. She shared that she hired an attorney to help with an important PI case on appeal. While the briefing was good, the argument was not. The lawyer struggled to articulate the arguments, was unprofessional, and spoke over the CAV judges. Eek. I can’t imagine this lawyer was a part of the “appellate guild,” as Steve Emmert calls us.

There are many great lawyers who make this profession seem easy. It’s not.

Appeals are a specialty for a reason. Appellate lawyers know the ins-and-outs of Virginia procedural defaults (spoiler alert: it’s a complicated area of law). We actually enjoy research. Just ask fellow nerd, Graham Bryant. I’m happy if you feed me caffeine and give me a couple of uninterrupted hours to review cases.

We read legal writing books in our spare time. Do you want to read a brief that I can promise will be a joy to read? Follow Oliver Ward (my new colleague), Matt McGuire, Thomas DiStanislao, and Trevor Cox.

We learn from each other’s arguments. For instance, I am in awe of Monica Monday and Ginny Theisen all day, every day.

We do all of this work to get better. And if we do our jobs right, we make it look easy. 

We’re here to help before the appeal even starts

Sometimes folks come to the appellate lawyer after something bad has happened. We’re here to help then, of course. But we’re also available on the front end so that we can make sure you get the right result to begin with. We assist with issue spotting, preserving arguments, and helping shape the record so that if an appeal becomes necessary, it begins from strength rather than damage control.

P.S.: if you know of any attorneys looking for a change, my firm is hiring and we need someone to start ASAP. Come join the guild. I can promise that it will be very hard, but equally rewarding.