I left this year’s VBA Appellate Summit genuinely energized. It wasn’t just the strong programming (though that helps)—it was the chance to see colleagues I rarely get to see.

I co-presented on some emerging trends in criminal law, but my favorite panel featured some of the original judges of the Court of Appeals on the Court’s 40th anniversary. Pure nostalgia. They created our intermediate appellate system from scratch. The judges spoke about their mission to create not just a good court, but a friendly and accessible one. I left feeling inspired by the panel: their camaraderie in the face of disagreement, their clear purpose, and their love for appeals. It was a feel-good panel that we didn’t know we needed. 

Takeaways from the summit

We heard from many other excellent presenters at the appellate summit. Today’s post is about a few tips from our favorite judges and lawyers:

• Be brief. Multiple judges commented on how critical it is to get to the point. I’ve had clients sometimes question whether longer briefs with lots of string citations are better (“Why aren’t we hitting the word limit?”). I can now confirm that appellate judges—tasked with reading all day, every day—appreciate concise, well-researched briefs. This isn’t necessarily news to other appellate lawyers, but sometimes folks try to stretch straightforward arguments into lengthy documents for no reason other than they think it shows that they worked hard (or maybe they needed a few more billable hours…). Short and sweet is best.

• Get a second set of eyes. One judge on a panel encouraged us all to get another person on board. Phone a friend to help analyze which claims are best, to help edit (and shorten!) briefs, and to help moot cases.

• Don’t forget about embedded appellate counsel. We can join forces at the trial court level to help ensure issues are preserved and assist with motions.

• Moot your cases. I moot cases regularly. There’s something especially nerve-wracking about having colleagues vet your arguments. There’s no better preparation tool than fear of public embarrassment. 

• Be afraid of procedural defaults. Thomas Chappell with Woods Rogers gave a witty presentation about some of the dangers of not playing by the rules. This is one of the reasons why appeals are its own specialty: many lawyers like research and writing, but there are so many traps for the unwary. Tread carefully. 

• Stay up to speed on technology. Judges and lawyers alike should be aware of AI tools, which are rapidly changing. I try and stay up-to-date but continually feel behind. Just know you should check every few months to see what is out there that could be useful. And call Jay O’Keeffe to tell him about your new favorite AI tool. 

• Less is more. How many assignments of error are too many? Other colleagues agree: 3 or less (and less is more).

• Appellate lawyers know how to have fun. The reception was one of the best parts and McGuire Woods was kind to host. Perhaps my friends there will even someday forgive me for lumping them in as “Goliath” in a past David v. Goliath blog post. Speaking of, we are due for another installment but there weren’t enough decisions this past quarter to give us a very helpful sample size. Stay tuned for a year-end review later!

What do my non-appellate lawyer friends want to know about appeals? Feel free to reach out if you want to continue the conversation or if you have any questions.