One of the greatest joys of being an appellate lawyer is in being a generalist. Rather than focusing on a particular area of law, appellate lawyers distill issues in any field down to their essence in as-plain-as-you-can-get language. Coupled with expertise on the many critical areas of appellate procedure, this skill increases the likelihood of appellate success.
Few things in appellate advocacy are as fun as amicus briefs. I wrote about amicus briefing recently for the Virginia Bar Association Journal to explain some of the strategies and mechanics of preparing and filing an amicus brief. What I didn’t explicitly state, although might be clear anyway, is that I have a giddy affection for amicus work. My nerd heart swoons at every opportunity.
What I Love About the Work
First, in many ways, the challenge of concisely and persuasively explaining something to an appellate court is unique in amicus format. Often, you are explaining a complicated subject, an overlooked angle, or a nondescript peril related to the issues briefed by the parties. Deciding which arguments to include or leave to the parties, and how to position an amicus brief in relation to the other filings in the case, requires careful judgment and a deep understanding of both the legal landscape and the court’s concerns. This strategic and analytical process is just…fun. There’s simply no other way to describe it.
Second, amicus work offers a unique freedom rarely found in standard appellate advocacy. Most of the time, appellate advocates begin their work armed with some constraints: the case’s procedural history, witness testimony, the record, the cases, and arguments made at trial. But amicus briefs are not so bound; the world is your (amicus) oyster. While writing a good amicus brief of course assumes some content parameters, your canvas is often blank to paint as you wish.
Finally, working with clients in amicus cases is refreshing. Often non-lawyers, amicus clients bring subject-matter or industry expertise to the table, playing a critical role in how their legal or policy goals take shape in the brief. This process is both educational and collaborative, and I have found enormous satisfaction in it.
I have been fortunate enough to file amicus briefs at every level of state and federal appellate courts, including the Supreme Court of the United States. From the provision of healthcare in rural Virginia, to the funding sources of higher education, to the role of stability in copyright law, to the risk that counterfeit products undermine intellectual property rights, to the commercial potential of the metaverse, my amicus practice has taken me to many enjoyable—and new!—analytical places. I can’t wait for the next one.
