An appellate brief is read by judges and clerks who know nothing of the case before opening it. Everything about its construction should follow from that.

The statement of the issues frames the appeal. A well-drafted issue statement contains the legal question, the operative facts, and the answer the court should reach, in one sentence a reader can hold.

The statement of facts must be scrupulously accurate, cite the record for every proposition, and include the facts that hurt. An opponent’s brief identifying an omitted adverse fact does more damage than the fact itself.

Standard of review belongs early and should be argued rather than recited. Whether an issue is reviewed de novo or for abuse of discretion frequently determines the outcome, and characterizing an issue as legal rather than discretionary is legitimate advocacy where the record supports it.

Fewer issues. Three strong arguments outperform eight, because the weak ones signal that the strong ones may be no better. Appellate judges say this repeatedly and briefs continue to ignore it.

Preservation. State where each issue was preserved, with a record citation. An argument whose preservation is unaddressed invites the court to find waiver.

Remedy. Say precisely what relief is sought — reversal, vacatur, remand for a new trial, remand with instructions — because the court must be able to write the disposition.