MOTIONS FOR SUMMARY JUDGMENT—AVOID “THE UMF TRAP”!

A man in suit and tie with glasses.

During my career handling civil appeals, I would guess that about half of them involved motions for summary judgment.  Why?  While the rules lean towards denial—to preserve the right to trial—in practice many Superior Court judges lean towards granting them, in order to cut down on time-consuming jury trials.  So I’ve learned a lot about…

Read More

BITING THE HAND—REDUX

A green background with the letters z and a

A while back, I wrote a short series of columns setting out my gripes about our appellate courts.  I called the series Biting the Hand that Feeds Me, because I earn my bread by winning cases in those courts.  According to my business manager (a.k.a. wife), incurring their wrath might cost me some slices.  But…

Read More

TRIAL COURT WINNERS CAN BECOME APPELLATE COURT LOSERS

A man in an official robe and glasses.

Besides handling appeals, I also consult with trial lawyers before and during trial—about how to set things up for a potential appeal, either to protect a trial victory or to overturn a trial loss. Things like how to draft a special verdict form that helps lay people produce clear findings that are not inconsistent with each…

Read More

Filing the Notice of Appeal

A man in a suit and tie standing up against a white wall.

In recent columns, I’ve discussed how trial lawyers might help appellate lawyers overturn defeats (or preserve victories) by doing certain things in the trial court—like setting up a good record for appeal. But there’s one more task—the most important one: properly filing the notice of appeal. If you screw up this one, there is no appeal. The…

Read More

Setting Up an Appeal—in the Trial Court

A man in suit and tie with glasses.

I’m a pretty good appellate attorney, but I’m not good enough to win an appeal with a lousy trial court record. And I’m stuck with what the trial lawyer gives me. I’m not allowed to add any evidence or documents to it. It’s up to you, the trial attorney, to make sure that your appellate…

Read More

Preparing the Statement of Decision

A man in a suit and tie standing up against a white wall.

Here is how a trial lawyer might set up the statement of decision to give her appellate lawyer the best chance of winning on appeal. The Request If you lose a bench trial, you are entitled to have the judge sign “a statement of decision explaining the factual and legal basis for its decision as…

Read More