On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy. Steve Lehotsky of Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar.
Amicus curiae briefs have become a regular feature of appellate practice, not only in the Supreme Court, but also in federal courts of appeals and state appellate courts. They enable myriad industry and professional organizations, advocacy groups, and ad hoc coalitions to address important legal issues from a broad perspective, including from a public policy viewpoint. Our panel examined how appellate counsel and their clients can use amicus briefs strategically; when, how, and from whom amicus support should be solicited; and what makes an amicus brief influential and effective.
A short video about the panel appears below.