Members of a state Supreme Court recently shared on how lawyers should frame their oral argument and handle questions. The Justices on Delaware’s highest court first ask lawyers to begin by stating precisely the issues, the trial court’s claimed error, and what the Supreme Court should do about it. Continue reading
The South Carolina Court of Appeals held last week that a circuit-court order referring a mortgage foreclosure action to a master-in-equity is not appealable until the master rules on the demand for a jury trial. Continue reading
Judge Diane P. Wood of the Seventh Circuit offers 6 tips on brief writing: Continue reading
Lawyers are bad about creating zombie nouns by burying verbs. In drafting a brief for an appeal, we never mediate or litigate; we always engage in mediation or litigation. We never examine a witness or object to her testimony; we conduct an examination and make an objection. And we don’t settle cases; we effectuate settlements.
We will throw a suffix on most anything, transforming a perfectly fine verb into a weak noun. Continue reading
What do Supreme Court Justice Anthony Kennedy and horror-novelist Stephen King have in common? Both disdain adverbs. Lawyers who write appeal briefs may consider joining them. Continue reading
It took me a little longer to realize that the problem was the brief’s lack of a theme. There was no underlying focus or theory of the case that came through, at least not clearly. Continue reading