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22 Summer 2015 The Mississippi Lawyer There are very few appeals that merit 15 to 30 issues. Most appeals with 3 to 5 issues are very effective. If you have 13 issues by all means include them in your brief but please prioritize the issues. No points are awarded to the party who cites the most cases. Also please do not use large caps or single-spaced for- mat for your statement of the issues. 6. State the facts persuasively from your point of view but with com- plete fidelity to the record. I expect each brief to advocate the partys position. It is awkward when the opposing party points out how you departed from the record in your persua- sive writing. Please do not turn the state- ment of facts into fiction. If the appellant accurately states the facts the appellee is not required to restate the facts with a slightly different twist. It is very effective for the appellee to zero in on the inaccuracy of the appel- lants statement. 7. Argue your points in order of strength and argue vigorously again with complete fidelity to the record. The strongest issue should be first unless there is some reason not to put it first. 8. Reveal and cope with adverse authority as required by the Rules of Professional Conduct and com- mon sense. Most issues are resolved by reference to two or three cases. Cite those cases early and argue the cases thoroughly. Try to use the main cases as much as possible. For example cite a meaningful case for the standard of review. 9. Try to write in an interesting way that is clear and understandable. Every brief tells a story. Try to tell the story so that the reader will find it inter- esting and compelling. 10. Sum up your arguments and tell the court the precise relief sought. Too often the appellant will end the brief asking that the Court reverse the case. If the reader agrees please do not leave the reader to ask Reverse and do what It happens a lot. The more the words the less the meaning and how does that profit any- one Ecclesiastes 611 NIV I Ten Commandments of Appellate Brief Writing