There are some points that only a photograph or other image can effectively convey, and others that a photo or image conveys far more powerfully than words can. While appellate briefs should not routinely contain pictures (and almost never more than one or two), counsel
During a complex trial, there often aren’t enough hours in the day for litigators to accomplish every task. To help alleviate your burden, consider including a lawyer with appellate expertise (sometimes called “legal issues counsel”) on your team. Whether you win or lose at trial,
In most appeals, the best practice is to deemphasize direct criticism of the trial court judge. That is more difficult—and perhaps the opposite of what you should do—when arguing that the judge should be disqualified for cause. How should you approach disqualification issues? Have an eye on appellate review at the brainstorming stage. Time is
Every lawyer confronts the problem: a helpful decision that’s “not officially published.” What to do? The answer depends on which court issued the decision, and when. Assuming (as ASIC always does) that you’re briefing to a California state court, here are the rules, and the
The convoluted process for obtaining a statement of decision after a bench trial frequently trips up litigators. This is a missed opportunity. Mastering the nuances of the process can help maximize your chance of success on appeal. Here are some key points: The Court of
During trial, there are several opportunities to obtain an edge over opponents simply by offering to prepare or edit documents—in particular, jury instructions and verdict forms. Here are some tips to obtain and maintain an advantage: Don’t simply submit a list of the CACI form
There are many nuances when it comes to appealability of a trial court order on an arbitration award. Those nuances dictate how and when to seek appellate review. But it’s worth considering them earlier in the process too, so you can structure your trial court
Litigators concerned about preserving an argument for appeal often ask what they should do in the face of an adverse interim ruling. For example, if the court rejects your argument that a cause of action shouldn’t go to the jury, do you forfeit review of
California appellate courts draft opinions based on the briefs and their own research before they hold oral argument—and the draft almost never changes much. So the briefs are by far your most important persuasive tool. Don’t aim to file something merely “good.” Instead aim to
The Judicial Council of California Civil Jury Instructions (i.e., CACI instructions) get heavy use in California’s trial courts, both because they are convenient and because some judges insist on them. But beware: CACI instructions have their limits. Those limits include: CACI instructions are not themselves
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