According to the Hon. J E L Cote, author of the first paper, “the importance of factums is colossal, almost impossible to overstate”.  The factum is a lawyer’s basic argument, read by the judges before they ever see that lawyer, and read again by the judges before they prepare their decisions.  However, as the author explains in the first paper in this two-paper set, many factums filed with the Court are not persuasive and they achieve very little. This valuable piece of advice explains why. Sample appellant and respondent factums are attached.

The second paper in this set, written by experienced counsel, complements the Hon. JEL Cote’s paper. In it, the author provides advice on things like planning the factum, drafting, creating a persuasive argument, and fine tuning.

This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.