On January 14, 2022 I had the privilege of presenting a live webinar for the Beverly Hills Bar Association titled Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically. BHBA President-Elect, Malcolm McNeil, and a member of the Board of Directors of the Atlantic Legal Foundation, engaged me in a 60-minute conversation that covered the nuts & bolts of amicus curiae (friend of the court) briefs.
Some of the topics that we discussed included:
- Who files amicus briefs, and why
- Where and when amicus briefs are filed
- Differences between petition-stage & merits-stage amicus briefs
- Procedures for filing amicus briefs in the U.S. Supreme Court, federal courts of appeals, and California appellate courts
- Do’s & don’ts for drafting persuasive amicus briefs
- Soliciting amicus support
- Amicus brief ethical considerations
Capital Appellate Advocacy Founder Larry Ebner has written numerous articles about amicus briefs. Here are links to a few: