Greines, Martin, Stein & Richland LLP (GMSR Appellate Lawyers)的动态

Out of twelve active Tenth Circuit judges, at least nine have used bullet points in an opinion. With Judge Richard E.N. Federico using them for the first time in an opinion last week (link in the comments), it’s time to update my informal survey of Tenth Circuit judges who have used bullet points: 1. Chief Judge Holmes 2. Judge Tymkovich 3. Judge Matheson 4. Judge Bacharach 5. Judge Phillips 6. Judge Eid 7. Judge Carson 8. Judge Rossman 9. Judge Federico Plus 10. Judge Baldock (senior status) Who are we missing? Of the active judges, only Judge McHugh and Judge Moritz have yet to use bullet points (that I’ve seen). I’ll keep an eye out. So what are the takeaways? ? Bullet points are an accepted tool in the brief-writer’s toolbox; ? They don’t make your writing any less formal or serious; ? They can make your brief more readable and succinct; ? They can make an argument more persuasive and memorable; - and - ? If you use bullet points in a Tenth Circuit brief, no one will bat an eye. As with the other kind of bullet, trigger discipline is required. #BulletPointJudges #AppellateLinkedIn #LegalWriting

I do love editing. The longer the sentence the better. It means I can get my big red pen out. And lawyers generally don't skimp on words ?? ?? The challenges brought about by the claim, the permanent life changing effect of the injuries and what the financial security of the outcome help to demonstrate the need for a high level of understanding, commitment to what is need irrespective of the time of day, determination to work and do ones best for a client needing that support, a sense of?pride, professionalism and individual support needed and encouraged in all serious injury claim cases and which should be the foundation of all serious injury team cases and having the support and efficiency of a competent assistant who shares the same values and dedication. This forms part of a case study and will be used on a website. It needs to be easy for the target audience (not lawyers in this case) to read and understand, picking out the key points of interest. Poor readability can negatively affect search rankings. Readers are impatient and want to get to the point quickly. Shorter sentences are simply clearer, sharper and more compelling than longer sentences. So bring it on. I'm here for your long sentences and rambled copy, should you need a beady set of eyes and a big red pen ?? #law #professionalservices #legalmarketing

I know Judge Mikva was right about footnotes. Really I do. But I really struggle to follow his guidance. (As most will know, Judge Mikva famously wrote that “if footnotes were a rational form of communication, Darwinian selection would have resulted in the eyes being set vertically rather than on an inefficient horizontal plane.”) His point, made nearly 40 years ago in the Colorado Law Review, is probably even more important now that a lot of judges and lawyers read briefs and opinions on tablets. But knowing he was right doesn’t make it easier to comply. I’ve tried to minimize my use of footnotes for anything other than record cites. (If I remember correctly, even Judge Mikva was ok with that, and I think that makes sense. Most of the time, those cites are there so the reader can confirm that a statement in the text has support.) But the real struggle is with either leaving out or moving to text footnotes that offer substantive asides. I know and respect those who say that, if substance is important enough to include, it should be in the text. But the siren call is loud and enticing. What’s your approach?

Navigating Your First Appeal, Part I is a 1.5-hour CLE webinar designed to guide attorneys through the foundational steps of the appellate process. Topics include initiating and filing an appeal, assembling the record and appendices, and mastering the basics of effective brief writing. Participants will gain practical insights and strategies to navigate procedural requirements and craft compelling appellate briefs. Ideal for attorneys new to appeals, this program combines practical guidance with a hands-on tutorial approach. https://buff.ly/3PvljbR

I’m often asked—especially by younger attorneys—how to get started in appellate practice. The answer is: by handling appeals. And the way to handle appeals is, to know how to handle appeals, and to put the word out that you know how to handle them. Many lawyers dislike appellate work and are glad to pass it off to someone who wants to do it, but only if they have confidence that the person they’re sending the case to knows what they’re doing. An obvious precondition for this is to have a firm grasp of basic appellate procedure so that, when the moment arrives, you know which direction to jump in. You don’t need to know all the answers, but you do need to know where to look for them and how they fit together. That’s where this CLE webinar comes in. We’ll give you the tools to find your feet when a partner drops an appellate case on your desk, or when a law school classmate calls and asks if you know someone who could handle an appeal for a good client. To get your start in appellate practice, begin at the beginning.

In a 5 paged argument in support of a motion, the court should be able to tell what your motion is about in the first paragraph. Use the first paragraph of your argument as a summary paragraph to capture the heart and essense of your motion in very simple terms. Then, proceed to substantiate the points highlighted in your summary paragraph. This will make your writing clearer and easier to follow. Courts are busy! Simple. Make it easier for them by using big sign posts(Summary Paragraphs). Starting your arguments by first wasting time setting out the law in great detail is in most cases a bad approach. Use the summary paragraph first then substantiate the points contained in your summary paragraph in subsequent paragraphs.

Let's talk about how to have a successful oral argument on appeal. The key to a successful oral argument is being prepared. Simple, right? Hehe. Seriously, that is the big picture. How you go about getting prepared is up to you and your budget, but the bottom line is that you need to know your case and the law very well. A lot of people will tell you to moot your argument. That's a great idea, but it's not always feasible. Do it if you can, but don't fret if you can't. Read the briefs, of course. Review the key cases. Maybe watch some OAs that your panel has done in the past. Write out at least an introduction to your argument, including a roadmap, and practice it. Record yourself practicing it, and listen to it. I do all of that, but do you want to know the best tip I've ever received and acted on? The best preparation tip I ever got for oral argument was to write out the top 10 questions I expect to get and write out answers to those questions. I found that exercise even more helpful than any moot I've ever done, not because I read the answers during the argument but because the process of writing out the answers was excellent preparation. Appellate friends, what do you have to add?

I am prepping for a jury trial next month, and for me the first thing I need to nail is my opening. Until I have an opening, even a rough one, I find it hard to move on to other things. My approach is iterative. I will usually sketch out an outline of points, and then use speech-to-text to get a written draft. I then edit the draft, honing the words, coming up with a solid written version that I edit carefully. Once I am good with that, I come up with a new outline and dictate again, ignoring the draft I just wrote. Before trial I will memorize the outline, which might include some key phrases from the written draft. I keep a pared down version of the outline on the corner of counsel table or at a lectern just in case, but I have never needed it. I don’t memorize the written draft, and don’t expect to deliver that word-for-word to the jury. If I can effortlessly flow from point to point, I know I will be good. But necessarily, some of the best phrases from it will creep in to the opening that I ultimately give. At trial I do the opening from memory with no notes - that is essential, because I need to use that time to focus on connecting with the jury. #lawstudents

Author! Author! OOSD State-to-State Submission Deadline: January 17 The Out-of-State Division offers its membership a valuable forum for the exchange of information on legal issues affecting our interstate practices. To be truly effective, it is essential for a large cross section of our members to contribute articles, news and announcements to this newsletter. For those of you who would like to see your work in print, the rules for publication are simple: The article should be related to a subject of general interest to legal practitioners with multijurisdictional practices. Articles focused on your home state are less appealing than issues impacting a number of jurisdictions. Please send documents in MS Word format via email to Don Workman, [email protected]. Please help your colleagues to get to know you by including a brief biography with contact information, and include a head and shoulders photograph, if we do not have a current one on file for you.

???????????? ????????????: ?????? ???? ???? ?? ???????????? “???????????? ???? ?????? ??????????” Amicus curiae briefs are powerful tools in the appellate world.? But like every tool, the key is knowing when and how to use them: ? Be different.? Amici shouldn’t join or remake a party’s arguments.? Give real-world insights from industry players; policy perspectives from legal practitioners; and interesting arguments that the parties missed.? Offer a wider, more practical lens than parties who have become wedded to their facts and approaches. ? Start with a simple pitch.? Amicus briefs mean extra work for busy courts.? Begin your amicus brief by succinctly highlighting your important, new angles that are worth the court’s time. ? Be part of the overarching strategy by consulting with the party that you are supporting.? Everyone should know the angle that the party and each amicus will cover. ? ?????? ?????????????????? ??????????????:??A short, finely tuned amicus brief is gold.? Make the opportunity count by providing a new, but complementary, perspective. Jeffrey Raskin #appeals https://lnkd.in/gzd6D2fT