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One way we can add value to your appeal is by securing
industry help through a well-written amicus brief. Often a case at an
appellate level will raise - or should raise if you frame your case
correctly - issues of broader social, economic or political impact, issues
not generally present in the trial court. These issues can be addressed by
third parties through a mechanism known as amicus curiae filings, or as
translated from Latin, "friend of the court" filings.
Historically, at common law, amicus briefs were used to bring precedent not
known to the judge to the judge's attention, often by a mere bystander
without a particular interest or stake in the outcome. Over time, however,
the focus and function of amicus briefs has changed from that of a passive
bystander to an advocate, or perhaps more aptly stated, a positional
lobbyist. Now, in nearly every case before the United States Supreme Court,
and innumerable state Supreme Courts and federal and state courts of appeal,
interested entities file amicus briefs, seeking to weigh in on an issue that
impacts their business, trade or organization. These amicus briefs can have
an important impact by helping to frame a significant argument for the
court, and by impressing upon the court the importance of the issue before
it, and the likely consequences of a bad decision. Thus, amicus briefs can
serve as a catalyst for those interested in the outcome to have their word
heard in the legal debate.
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