Everyone from Abraham Lincoln to Steve Jobs has been credited with coining some version of the adage, “The best way to predict the future is to create it.” No matter who said it first, the idea seems particularly apt for lawyers mounting an appeal.
Consider one of the key elements appellate lawyers can use to influence the future success of a case: presentation—specifically, the way an appeal is organized and filed with the court.
In appellate courts, cases are often decided on the briefs. Lawyers who present their documents with care and precision increase the odds that judges will be able to follow the narrative, understand key points, and recognize the merits of a case. Conversely, a poor presentation can obscure arguments and create confusion. If court rules haven’t been followed, potentially lead to the rejection of documents and even a dismissal.
With six decades of experience, PHP has a deep understanding of how valuable an appellate services provider’s support can be in presenting a case. With PHP’s assistance, lawyers deliver clear, well-structured, compliant appellate filings that create the best possible impression on the court.
Clarity and Precision Are Key
An appellate brief allows the attorney to articulate clear, compelling arguments and highlight errors made during the trial. When drafting a brief, clarity and precision are paramount. Each argument must be concise and directly support the case, backed by strong evidence and legal precedent.
Those arguments can be undermined, however, if the brief doesn’t follow formatting and submission rules. Attorneys should have a clear understanding that each appellate court may have its own unique requirements. This can include specific technical standards for margins, font size, headings, and the organization of materials within the appeal.
In addition to complying with the court’s general rules for document formatting, electronically filed documents can have additional formatting rules. The New York Supreme Court Appellate Division’s joint rules, for example, require e-filed documents to:
- comply with text searchable PDF archival format (PDF/A),
- contain bookmarks linking the tables of contents of briefs and records to the corresponding page of the document,
- be paginated to correspond to the hard copy,
- be scanned at a resolution sufficient to ensure legibility.
Those same rules give the Appellate Division wide latitude to reject filings that fail to follow the rules. They state: “The clerk may refuse to accept for filing or e-filing any document that does not comply with…any applicable statute, rule or order, or is otherwise unsuitable for filing.”
Relieving the Burden on Attorneys
Clearly, overlooking a court’s technical requirements can put a case at risk. Yet lawyers face another danger. If they are spending too much time focused on granular issues like a file format or font, they can be distracted from the primary task of crafting a clear and compelling argument.
PHP can help relieve the burden on attorneys. The company has an intimate knowledge of court rules and can manage all of the technical details associated with filing an appeal. PHP also ensures the accuracy of its work with painstaking quality control. Its systems are designed to preemptively catch and correct errors before submission. This includes checks for compliance with formatting rules. The company’s e-filing experts also manually check each filing to confirm its accuracy and adherence to court requirements.
The record must be thorough, easy to navigate, and compliant with court requirements. PHP assists in organizing records and appendices, ensuring that all necessary forms are included and that all documents are correctly arranged. A well-organized record allows judges to find and reference documents without hassle. This can significantly impact their view of an appeal.
Each court has strict deadlines. Missing a key due date or time can prove fatal to an appeal. Attorneys working with PHP are kept on track and receive notifications about the status of their appellate filing and can track servicing and filings online. PHP also notifies attorneys of their oral argument and decision dates for their appeals.
A Strong Presentation Takes Preparation
While no one can guarantee the future, attorneys can certainly improve their presentation—and their chances on appeal—with meticulous preparation. By ensuring they have adhered to filing requirements and submitting a well-organized and comprehensive record, attorneys can avoid having their documents rejected or distracting judges with improperly formatted or incomplete material. Partnering with an experienced appellate services provider like PHP allows attorneys to further improve their prospects. They can focus on their arguments and narrative, while PHP worries about the preparation of the record and technical details.
To learn more about our approach and how we help lawyers present their appeals in the best possible light, contact us for a consultation.