Maximizing your chances of success before the Court of Appeal

 Effective preparation for oral argument

Last month I was contacted by an attorney who was preparing to appear before the Court of Appeal for oral argument.  The attorney, who shall remain nameless, has tried many cases but hadn't appear before the appellate court in over eight years.  He asked me to help him prepare.  Here's a short summary of what we did:  (1)  He sent me all of the briefs, which I reviewed, not as an advocate but as a justice, (2) I came up with a memo of "homework assignments," designed to give him insight into the Court of Appeal, his opponent, and the trial judge, and (3) I prepared a list of questions that I would ask if I were hearing the case.  We spent about an hour discussing the case.  Had we had more time, I would have asked those questions and given him an opportunity to practice his answers.  I was also able to share my thoughts on the strengths and weaknesses of both positions.  The attorney felt better prepared for oral argument and felt the investment was well worth it.  I would recommend working with an appellate attorney before you go up on appeal, especially when dealing with post-trial motions, demurrers, and motions for summary judgment.  In this case, while the justices may change their minds only 5% of the time during oral argument, you never know if your case will be in that 5%!

Comments

[Mitch Jackson]

+Donna Bader Donna has preserved millions of dollars in verdicts for my clients (and she and I recently made new California law together) and I think her post about getting appellate counsel involved early in the case is HUGE! Sure, not every case warrants this but I guarantee you that I have 3-4 big cases coming down the pike in 2013 and I'll be getting Donna involved in each one of them early on to AVOID appeal related issues from happening in the first place. Donna, thanks for the great advice!

[MCooke]

I am here to validate any person whom has felt like a "Human Ping Pong ball"; here here said the Plaintiff Pro Se; I am not challenging the Defense Counsel, that is not my desire; I, Plaintiff in pro per, was put in this position by a Law Firm (Personal Injuries) that settled with out me? Yes, this is as True as I am 57 years old, said the Plaintiff. Litigation went about for almost 3 months; Defense Counsel files an EXPARTE to "Enforced Settlement Offer" a meeting of the minds. OMG! The Judge, The Court Clerk turn to the Plaintiff Pro Se, questioned; Did you file this Exparte? Plaintiff replies; No your Honor, The deft's attorney did. I oppose this Exparte! Judge decided to dismiss the case and Force the Plaintiff to settle. Plaintiff in pro se " Speechless, yet had a hearing date for a summary judgement on the defendants, prior dismisal. Our judicial system is what I beleive in, after all I was brought up "Law Enforcement" married to a "Detective" and my two brothers are in "Law Enforcement". TRUE STORY, MCooke. Of Course I Searched For Expert Advice...Donna Bader your number ONE 1. little late but your the Best Ever! Thanks For being so Good at what you do; Plaintiff/Laymen/laywoman!