Blog

Blog

An Appellate Attorney Knows The Statement of Facts Section sets the Tone of the Appellate Brief

Posted on 20 November, 2014 at 16:15

Many an appellate attorney knows that in an appellate brief, many legal writers solely focus on the legal argument. This is a very important section of the brief. However, a skilled appellate attorney also crafts a powerful and compelling Statement of Facts section in the appellate brief. Without a compelling Statement of Facts section, an appellate judge may not take an active interest in your legal argument and consequently your appeal. This would be fatal to your case. A compelling Statement of Facts section will grab the reader’s attention which will then make the judge an active listener with regard to your appeal. This is a crucial step in the appellate process.

 

Essentially, an appeal is to rectify a wrong. That is the job of an appellate jurist. A wrong cannot be rectified unless you describe how your client has been wronged. This is accomplished by describing your client’s plight in compelling and humanistic terms. Additionally, you must show that your client’s actions were reasonable given the circumstances. For instance, your client moved out of her apartment and refused to pay the rent due to the landlord’s handling of the building’s heat or lack thereof. A poor appellate writer would state the following: “Plaintiff left the apartment after several phone calls to the building management notifying them that the heat was insufficient. After her phone calls went unanswered, the Plaintiff left the apartment and sought a new residence. The terrible conditions were the reason why the Plaintiff left the building in late November.” The aforementioned is a cold recitation ofthe facts. It does not humanize the client or describe her plight to the court.


A better approach would be as follows: “Sandra Jones had to leave her apartment in late November whereas she had no heat for well over 30 days. Ms. Jones made numerous calls to management explaining that the temperature in her apartment was an appalling 40 degrees. The defendant never returned her calls and callously allowed Sandra Jones to suffer in these awful conditions. Ms. Jones even attempted to boil water to keep the conditions bearable in her apartment. Unfortunately, this only led to Ms. Jones scolding herself. Sandra Jones had no other choice, but to leave the freezing apartment which was uninhabitable and inhumane under any reasonable standard.” 

 

In the second and better approach, the client is referred to by her name and not as the Plaintiff. You cannot have a story without a name. The “Plaintiff” is not the beginning of any great story and this cold legal term does not humanize your client. The second version also does not dryly recite facts, but vividly displays the awful conditions your client was suffering. You have created a story and a plight that explains your client’s actions. The second and better approach not only activates the reader, but also shows the reasonableness of your client’s actions. This sets the tone for a sympathetic judge who is now looking to reverse the lower court’s decision. The Statement of Facts section sets the tone for a reversal. Do not overlook this section.

 

Written by:   John V. Siskopoulos, Esq. 

Telephone:   (617) 959-1628 

Email:           [email protected] 

 

If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Categories: Appellate Attorneys

Post a Comment

Oops!

Oops, you forgot something.

Oops!

The words you entered did not match the given text. Please try again.

2629 Comments

Reply birkin bag
3:28 on 8 February, 2021 
I want to get across my passion for your generosity giving support to those individuals that must have guidance on your theme. Your personal commitment to passing the solution throughout became incredibly effective and have continuously allowed folks like me to reach their aims. The helpful help and advice implies a lot a person like me and extremely more to my peers. Many thanks; from each one of us.
birkin bag http://www.hermesbirkins.com
Reply golden goose
18:13 on 8 February, 2021 
My spouse and i have been absolutely ecstatic Michael managed to do his web research by way of the precious recommendations he came across out of your weblog. It's not at all simplistic to just possibly be releasing tactics that some others have been making money from. So we realize we've got the writer to appreciate for this. Those illustrations you made, the simple blog navigation, the relationships you make it possible to foster - it's all powerful, and it's really facilitating our son and the family do think the article is exciting, which is extraordinarily pressing. Thank you for the whole thing!
golden goose http://www.golden-gooses.com
Reply moncler jacket
18:57 on 10 February, 2021 
I would like to show my passion for your generosity in support of folks who actually need assistance with this question. Your very own dedication to getting the message around appeared to be incredibly interesting and have in every case permitted many people much like me to get to their pursuits. Your amazing interesting hints and tips implies this much to me and even more to my office workers. Thanks a ton; from each one of us.
moncler jacket http://www.monclercoat.us.com
Reply kyrie 4
1:07 on 13 February, 2021 
Thank you for your whole labor on this web page. Gloria enjoys making time for internet research and it's really easy to see why. We all know all concerning the lively tactic you produce both interesting and useful techniques on your web blog and therefore boost participation from visitors about this concept so our own child is in fact becoming educated so much. Take advantage of the rest of the new year. You are always carrying out a stunning job.
kyrie 4 http://www.kyrie4shoes.us
Reply supreme shirt
16:12 on 13 February, 2021 
I have to convey my admiration for your kindness supporting those people who have the need for assistance with the niche. Your special commitment to getting the solution across appeared to be particularly important and has all the time empowered some individuals just like me to realize their endeavors. This warm and helpful hints and tips entails much to me and even more to my fellow workers. Regards; from everyone of us.
supreme shirt http://www.supremeshirt.us.com
Reply yeezy supply
7:17 on 16 February, 2021 
My spouse and i have been very relieved that Chris managed to finish off his preliminary research by way of the ideas he got out of the web pages. It is now and again perplexing just to find yourself giving out hints which often some others could have been trying to sell. We really discover we have the website owner to give thanks to for that. These illustrations you've made, the straightforward website menu, the friendships you will help to create - it is everything fantastic, and it's really aiding our son in addition to the family understand the matter is excellent, and that's incredibly essential. Thanks for the whole lot!
yeezy supply http://www.adidasyeezysupply.com
Reply air jordans
5:57 on 19 February, 2021 
I wish to voice my appreciation for your kind-heartedness giving support to men and women that have the need for help on this important situation. Your special dedication to getting the message all through became definitely invaluable and have continually allowed employees much like me to arrive at their pursuits. Your informative suggestions signifies a lot to me and somewhat more to my office colleagues. Best wishes; from everyone of us.
air jordans http://www.cheap-airjordans.us.com
Reply kd shoes
16:37 on 21 February, 2021 
My wife and i got ecstatic Edward managed to complete his research from the ideas he was given while using the blog. It is now and again perplexing just to choose to be releasing steps which the others could have been selling. And we also consider we have got you to appreciate for this. The most important explanations you made, the simple website navigation, the relationships you aid to instill - it's got mostly astounding, and it's aiding our son in addition to the family reason why this subject is enjoyable, which is certainly exceptionally mandatory. Thank you for all the pieces!
kd shoes http://www.kd12.us.com
Reply lebron 15 shoes
7:27 on 22 February, 2021 
I simply needed to say thanks once again. I'm not certain the things that I would've used in the absence of the concepts shared by you on such question. Certainly was the alarming matter in my view, nevertheless looking at this professional technique you handled that took me to jump for contentment. Extremely grateful for your information and as well , hope that you recognize what a great job you're accomplishing instructing many people through a blog. I know that you've never encountered all of us.
lebron 15 shoes http://www.lebron15.net
Reply pandora jewelry
7:27 on 22 February, 2021 
My spouse and i ended up being so delighted when Michael could do his inquiry with the precious recommendations he grabbed from your own web page. It's not at all simplistic just to always be releasing solutions that others have been trying to sell. So we fully grasp we have the writer to appreciate for that. The entire illustrations you've made, the straightforward website menu, the friendships your site aid to create - it is most amazing, and it's making our son and the family recognize that this matter is excellent, which is exceptionally fundamental. Thank you for the whole thing!
pandora jewelry http://www.pandorasbracelet.us
Reply supreme shirt
7:27 on 22 February, 2021 
I happen to be commenting to let you understand of the outstanding discovery my cousin's child undergone using your web page. She even learned a lot of issues, which included how it is like to possess an ideal helping style to make many others without difficulty know a number of hard to do topics. You actually surpassed visitors' expected results. Thank you for showing such priceless, dependable, educational and even unique thoughts on your topic to Gloria.
supreme shirt http://www.supremeshirt.us.com
Reply supreme
7:28 on 22 February, 2021 
Needed to create you that little bit of remark to say thank you again about the amazing tips you've shown on this website. This has been strangely generous with you to present unreservedly what exactly a number of people could have distributed for an electronic book to help with making some bucks on their own, particularly considering that you could have done it in the event you wanted. Those good tips as well served like a great way to comprehend someone else have the identical eagerness really like my personal own to find out very much more with regards to this condition. I'm certain there are some more fun instances in the future for folks who view your site.
supreme http://www.supremesclothing.us.org
Reply supreme clothing
7:28 on 22 February, 2021 
Thanks for all of the labor on this web page. Kate loves participating in investigations and it is simple to grasp why. A number of us hear all of the compelling medium you offer great tips and tricks through this web blog and as well increase participation from website visitors about this content while our simple princess is actually being taught so much. Take pleasure in the remaining portion of the year. You're the one doing a good job.
supreme clothing http://www.supremeclothings.com
Reply kyrie irving shoes
7:28 on 22 February, 2021 
Thank you a lot for giving everyone an exceptionally breathtaking possiblity to read articles and blog posts from this website. It is often very superb and jam-packed with a good time for me personally and my office peers to search your site at the least 3 times in one week to find out the newest tips you will have. And indeed, I am actually happy considering the awesome creative concepts you give. Some 2 facts in this article are rather the most effective I've had.
kyrie irving shoes http://www.kyrieirvingshoes.us.com
Reply calvin klein outlet
7:28 on 22 February, 2021 
I happen to be writing to make you be aware of what a incredible experience our child gained reading your web site. She even learned lots of pieces, with the inclusion of how it is like to have an amazing giving spirit to make many more with no trouble learn specific impossible things. You actually did more than people's expected results. I appreciate you for showing those important, safe, edifying and even unique tips about your topic to Gloria.
calvin klein outlet http://www.calvinkleinoutlet.us.com
Reply kobe 9
7:29 on 22 February, 2021 
I must express some thanks to you just for bailing me out of this dilemma. As a result of scouting through the search engines and getting tricks which were not powerful, I was thinking my life was done. Living minus the strategies to the issues you have solved as a result of your entire article content is a crucial case, as well as those that might have adversely damaged my career if I had not noticed your blog. Your main understanding and kindness in touching all the things was valuable. I am not sure what I would have done if I had not come upon such a solution like this. It's possible to now look ahead to my future. Thanks a lot very much for this impressive and sensible guide. I will not think twice to suggest the blog to anybody who desires guidelines about this situation.
kobe 9 http://www.kobebasketballshoes.net
Reply air jordan
6:37 on 25 February, 2021 
I wanted to post you this very little observation to finally give thanks as before just for the splendid advice you have discussed at this time. It is so shockingly open-handed of you to convey unreservedly precisely what a lot of people would've offered as an electronic book to help make some money on their own, particularly considering the fact that you could have tried it in case you decided. The smart ideas additionally worked to become good way to realize that someone else have the same eagerness just as my own to figure out much more with regards to this matter. I am sure there are numerous more enjoyable periods ahead for those who check out your blog post.
air jordan http://www.jordanstoreonline.com
Reply golden goose
6:37 on 25 February, 2021 
I precisely needed to appreciate you again. I do not know the things I could possibly have made to happen in the absence of the entire creative concepts shown by you relating to my industry. Previously it was a very horrifying circumstance in my view, nevertheless noticing the very expert approach you treated it took me to jump over fulfillment. I am thankful for this information and then hope that you know what a great job you were providing instructing some other people through the use of your web blog. I'm certain you have never come across all of us.
golden goose http://www.goldengoose-shoes.us.com
Reply golden goose
6:37 on 25 February, 2021 
I am glad for writing to let you be aware of of the perfect encounter my cousin's girl gained studying yuor web blog. She picked up numerous pieces, most notably how it is like to possess a marvelous coaching nature to make folks really easily thoroughly grasp several specialized things. You truly surpassed visitors' desires. I appreciate you for delivering the necessary, safe, informative and as well as cool tips on this topic to Ethel.
golden goose http://www.goldengoose-outlet.us.com
Reply yeezy boost
6:37 on 25 February, 2021 
Thanks for your entire hard work on this web site. Debby take interest in conducting investigation and it's really obvious why. Most people learn all relating to the lively manner you provide very useful steps on the web blog and therefore invigorate response from other ones about this article plus our favorite simple princess is without a doubt discovering so much. Have fun with the remaining portion of the year. Your performing a first class job.
yeezy boost http://www.yeezy-boost350.us.com