Janet Thompson的动态

What are the most important things for trial attorneys and appellate attorneys to talk to each other about? I'd say the top two are preservation and when to file a notice of appeal. Preservation is a doozy, isn't it? From the appellate perspective, we want you to preserve everything repeatedly, as much as possible. But you have strategic decisions to make, and you have to achieve a balance of preserving your record and alienating the judge or jury. I don't envy the position trial attorneys are in when it comes to preservation. It's always better to prioritize winning at trial over taking your chances on appeal. But, for appellate purposes, you should know that you need to preserve early and often. If you want a chance to win on appeal, you have to preserve substantial issues. When making an argument to the trial court, be as fast and as specific as possible. Make the argument at your first opportunity after realizing the need to make it. Raise as many grounds as you have to support whatever ruling you're seeking. Leave nothing unsaid. And if an error appears for the first time in the final order, move for rehearing. Have a court reporter at every proceeding that could possibly lead to a ruling you'll need to challenge. All easier said than done. Good luck out there, my friends! #attorney #lawyer #floridaattorney #appellatelinkedin #appeals

I rarely see trial court litigators use a *Questions Presented* heading. In most cases, it would be weird to explain to the trial judge that the question presented is whether or not complaint complaint should be dismissed or discovery compelled, when the document title says it all. But many motions at the trial court level can send the court rapidly awry, as the judges starts answering questions not asked. Motions at the early stages of the case, especially. Where you have a single issue that can save the court and everyone else a lot of hassle by getting an early answer to a question of law, present the question to judge, and let them know why it’s important that they just answer that one question. That shows deference to the court, and lets them know you’re gonna be their friend, and aren’t just giving them extra work. What do you think, LI litigators. Do you include a separate *questions presented* or *issues* heading. Or depending on the case, I also like starting some motions with the question in the very first paragraph, like so: This is Tyler’s Motion, which can be addressed by answering a narrow question: [blah, blah, blah] #legalwriting #motionpractice #litigation #massachusettsbusinesslawyer

Filing a lawsuit is a significant step that requires careful consideration and preparation. Here’s a step-by-step guide to help you navigate the legal process: 1?? Determine If You Have a Valid Claim: Before proceeding, ensure you have a legal basis for your lawsuit. This could be a breach of contract, personal injury, or another civil matter. Consulting with an attorney can help clarify your position. 2?? Gather Evidence: Collect all relevant documentation, witness statements, and any other evidence that supports your case. Strong evidence is crucial for building a compelling argument. 3?? Choose the Right Court: Your lawsuit must be filed in the appropriate court, which could be small claims, state, or federal court, depending on the nature and value of your claim. 4?? File the Complaint: Draft a complaint outlining your case, the legal grounds, and the relief you seek. Filing this document with the court officially begins your lawsuit. 5?? Serve the Defendant: Legally notify the defendant of the lawsuit by serving them with a copy of the complaint and a summons. This step is essential for the case to proceed. 6?? Prepare for Court: Be ready for court appearances, including pre-trial conferences, motions, and potentially a trial. Staying organized and informed will help you navigate these proceedings effectively. 7?? Consider Settlement: Many lawsuits are settled out of court. Be open to negotiation if it’s in your best interest, but always ensure any settlement agreement is fair and legally sound. Taking these steps with careful planning can increase your chances of a favorable outcome. #Lawsuit #LegalProcess #KnowYourRights #Litigation

Another recent Illinois Appellate decision illustrating the minefield of appellate practice. The “trap” plaintiff’s attorney stepped in here was not having the transcript of the hearing on defendant’s motion to dismiss prepared and filed—probably trying to save some expenses. When I was practicing, I saw this many times from opponents who thought since no evidence was being heard, they didn’t need a transcript. But it’s a fatal appellate error not to have all proceedings transcribed and filed as part of the record on appeal—as this decision shows. There are two learning points here: ?appeals can’t be done “on the cheap”…and always have your appeals done by experienced appellate lawyers.

Have you lost a civil case and are considering an appeal? Our newest blog breaks down the common grounds for appealing in civil litigation. ???? From legal errors to procedural mistakes, we explain the key reasons appeals may be granted, like misinterpretation of law, improper jury instructions, juror misconduct, and more. We also cover how abuse of discretion, insufficient evidence, and newly discovered evidence can justify an appeal. Get informed on the appeals process by reading our full blog (link in bio). At Wade Litigation, we provide expert guidance at every stage to help clients effectively pursue appeals and achieve favorable outcomes. #LawFirm #AppealsProcess #CivilLitigation #LegalBlog

Appellate tip: When reviewing the trial court’s memorandum of decision, pay particular attention to the findings the court did and did not make. In certain contexts, such as granting a civil protection order, the trial is required sua sponte to certain factual findings. The failure to do so is reversible error and does not require the filing of a motion for articulation. This issue was discussed in the Connecticut Appellate Court’s recent decision in S.S. v. D.M., ?228 Conn. App. 559 (2024). In S.S. v. D.M., the Connecticut Appellate Court reversed a trial court's decision to grant a civil protection order because the trial court failed to find that there were reasonable grounds to believe that the defendant both stalked the plaintiff and would continue to do so. Failure to make the requisite factual findings was an abuse of discretion. I highlight for you footnote 6 of the Appellate Court’s decision. The Court rejected the defendant’s argument that the plaintiff’s failure to move for an articulation of the decision defeated its abuse of discretion claim on appeal. In so doing, the Court held that in this context, the trial court failure to make the requisite factual findings prior to entering the civil protection order was a legal error—there was no ambiguity or deficiency to articulate. Whether a memorandum of decision warrants a motion for articulation, rectification, or clarification is an issue that appellant litigants often face and is a strategic call based on the details of the appeal. Consulting with an experienced appellate litigator can help you assess the pros and cons of pursuing those filings in your appeal. #ConnecticutAppeals #AppellateLinkedIn #Appeals #AppellatePractice #AppellateLaw

Please let me know your opinion on this ! Chargesheet was submitted in trial court and the unarrested accused were summoned. The advocate challenged the summoning order in the High Court u/s 482 crpc. I was thorough with the case and found this act completely uncalled for. The case was strong in merits and had the accused been produced before the magistrate, he would most likely get bail. This has become a routine practice in litigation. Advocates challenge most minor orders of Trial court under writ jurisdiction or u/s 482 crpc. This just adds to the burden of High Courts which is already struggling with huge pendency. The problem is this cannot be called as frivolous litigation as it doesn’t come from litigants but the advocates. Even if the courts impose cost, it will have to be borne by the litigants and not advocates. The ones that actually require interpretation on serious questions of law are often lost in priority.

Not every case ends with a verdict—sometimes, an appeal is necessary to address errors or unresolved legal questions ? There are many reasons a case might end up in Michigan’s Court of Appeals or Supreme Court. One common reason is evidentiary errors during the original trial, where evidence that shouldn’t have been admitted could unfairly sway the jury or affect the outcome. Other times, a case may involve a first impression legal issue, meaning there’s no previous court ruling to reference, and guidance is needed from higher courts. Finally, clients who win verdicts may face challenges from the other side, who claim that something went wrong during the trial process or simply don’t want to pay the verdict. In these situations, having a skilled appellate lawyer ensures the facts and legal arguments are thoroughly reviewed, and justice is pursued. When you choose Christensen Law to handle your personal injury case, you are also choosing a team with unmatched expertise in handling appeals. Appellate Attorney Stephanie Arndt has experience presenting cases to the U.S. Court of Appeals for the Sixth Circuit, the Michigan Supreme Court, and the Michigan Court of Appeals. She is a powerful advocate in securing justice for our clients. For more about Stephanie, visit ? https://lnkd.in/eeaGrvCi ?? 248.900.9000 ?? davidchristensenlaw.com ?? [email protected] #appellate #appeals #courtofappeals #appellateattorney #supremecourt #attorney #lawyer #personalinjury #lawfirm #legaltips #justice #michigan #detroit

If you’re like FBT attorney William (Mike) Hensley, you pick up a few pointers over 40 years of litigating cases and defending your results on appeal. Here are six tips on how to prepare a complete record for appellate review and success.? ? https://lnkd.in/g4SNe6H6 #CommercialLitigation #Appeals #BusinessLitigation #AppellateLaw #CaliforniaLaw #SupremeCourt #Trial #Strategy