Amicus Brief Attorney
When a case reaches the United States Supreme Court or a federal circuit court on a question of broad legal significance, the parties are not the only voices the court hears. Amicus curiae briefs, documents filed by organizations and individuals who are not parties to the case, can shape how the court frames the legal question, what precedents it considers, and what consequences it anticipates. An amicus brief attorney who coordinates effectively at this level can turn a single case into a catalyst for change.
The Law Offices of Beau B. Brindley has appeared before the United States Supreme Court and the Seventh Circuit Court of Appeals on numerous occasions, addressing questions of constitutional and federal criminal law significance. Our experience in high-stakes appellate advocacy positions us to coordinate amicus support, to both solicit supporting briefs for our clients and draft amicus briefs for organizations with an interest in the outcome. Call Brindley Law at 312.765.8878 to speak with an experienced and efficient amicus brief attorney.
What Is an Amicus Curiae Brief?
Amicus curiae is Latin for “friend of the court.” An amicus curiae filing attorney files a brief on behalf of an organization or individual who has substantial interest in the legal question presented but is not a party to the case. Amicus briefs are prevalent in the United States Supreme Court and the federal circuit courts. In the Supreme Court, amicus briefs may be filed at the certiorari stage to advocate for the Court’s decision to grant or deny review or at the merits stage, to support one party’s legal argument.
Who Files Amicus Briefs in Criminal Cases?
In federal criminal defense cases, several organizations regularly file federal appellate amicus attorney-level briefs:
- National Association of Criminal Defense Lawyers (NACDL): The NACDL files amicus briefs in Supreme Court and circuit court cases that affect the rights of the criminally accused. NACDL amicus brief coordination is a standard component of high-stakes appellate strategy in federal criminal cases.
- American Civil Liberties Union (ACLU): The ACLU files amicus briefs in cases involving Fourth Amendment searches, Fifth Amendment self-incrimination, Sixth Amendment right to counsel, and other constitutional rights.
- Innocence organizations: When a case raises issues affecting wrongfully convicted defendants, such as Brady violations, false identification, junk science innocence advocacy organizations may file amicus briefs in support.
- Law school clinics and academic organizations: Legal scholars and law school appellate clinics file amicus briefs in cases presenting significant questions of constitutional or federal statutory law.
Amicus Strategy at the Certiorari Stage
At the certiorari stage, amicus briefs serve a different purpose than at the merits stage. A Supreme Court amicus brief attorney filing at the cert stage argues that the case is certworthy, asserting that the legal question is important enough to warrant the Court’s consideration. When organizations with national standing file amicus briefs urging the Court to grant certiorari, it signals to the Justices that the case has significance beyond the individual parties. This can meaningfully increase the likelihood of the Court granting review.
Amicus Strategy at the Merits Stage
At the merits stage, amicus briefs support a party’s legal argument by providing additional perspective, historical context, empirical data, or legal analysis that the party’s own brief may not have the capacity to fully develop. An amicus brief criminal defense attorney coordinating amicus support at this stage collaborates with organizational counsel to identify the most persuasive arguments, avoid duplication with the principal brief, and present the implications of the Court’s potential ruling.
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Supreme Court Practice Areas
Frequently Asked Questions
— Amicus Brief Coordination
Does the Supreme Court require permission to file an amicus brief?
In the United States Supreme Court, an amicus brief may be filed only with either the written consent of all parties or with leave of the Court. Under Supreme Court Rule 37, motions for leave to file amicus briefs are granted when the proposed brief presents relevant matter not addressed by the parties that may be of assistance to the Court. An amicus brief attorney handles the procedural requirements, including obtaining consent or filing a motion for leave, as part of the coordination process.
How does amicus coordination affect the outcome of a case?
While amicus briefs do not vote, they influence. When respected organizations with expertise in the subject matter file briefs urging a particular outcome, the Justices take notice. Academic amicus briefs that provide empirical data, historical analysis, or doctrinal synthesis can fill gaps in the principal briefs and help the Court understand the consequences of different legal rules. In high-profile constitutional criminal defense cases, coordinated amicus support can lead to shifts the legal conversation at hand.
Can Brindley Law draft an amicus brief for our organization?
Yes. Experienced amicus curiae filing attorneys at The Law Offices of Beau B. Brindley routinely draft briefs for organizations with an interest in pending Supreme Court and Seventh Circuit cases involving federal criminal law and constitutional rights. We work with organizational clients to identify the argument that best serves the organization’s interests and the benefit the case’s outcome, and we handle all formatting, filing, and procedural requirements.
At what stage should amicus coordination begin?
Amicus coordination should begin as soon as certiorari is granted, or even earlier, at the petition stage, if organizations are prepared to support the cert petition itself. The briefing schedule moves quickly after cert is granted, and organizational counsel require sufficient time to obtain approvals, draft, and file. An amicus brief attorney who is involved from the beginning of the Supreme Court process is better able to coordinate amicus support as an integrated part of the overall appellate strategy.
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Call Brindley Law Today.
Amicus briefs are most effective when they are coordinated early, written with precision, and filed by organizations with strong standing to speak to the issue. As amicus brief attorneys with Supreme Court experience, The Law Offices of Beau B. Brindley handles both sides of amicus coordination, soliciting support for our clients and drafting briefs for organizations. Call 312.765.8878 for a confidential consultation.