Feng shui means arranging space to promote good energy flow, and it can also be applied to the legal process. Before deciding to appeal a case, lawyers should carefully consider the costs and likelihood of winning. They should also have a clear fee agreement with their client. It’s important to make sure the appeal has a good chance of success, otherwise it’s a waste of time and money for everyone involved. It’s important to act quickly and properly to preserve the right to get your legal fees covered on appeal. Make sure to hire a lawyer who specializes in appeals, because it’s a different skill set from trial law. An appellate lawyer can help keep things on track and make sure everything is ready for the appeal. This preparation gives you a better chance to win. When you’re appealing a court decision, it’s important to organize the evidence and transcripts efficiently. If you don’t give the court clerk specific instructions, they’ll include a lot of unnecessary documents in the record. This makes it harder to find the important stuff and wastes time and resources. But if you tell the court clerk what’s needed, the record will be smaller, easier to manage, and cheaper. Plus, it helps you focus on the key issues in your appeal. You also need to request transcripts from the court reporter promptly to keep the appeal process moving smoothly. Make sure to read the rules for appeals at the beginning of the process, and note all the deadlines for filing paperwork and preparing for the appeal. It’s a good idea to set internal deadlines for yourself to stay on track. For example, start reviewing the case documents and doing legal research early on, and then set deadlines for drafting and revising your appeal brief. Following a schedule can help reduce stress and improve the quality of your work, making it more likely to succeed. When working on an appeal, it’s a good idea to talk to the other side’s lawyer early on to ask for more time if you need it. This can help reduce stress later on. It’s also important to make sure your brief is well-organized and accurate, as this reflects on you as a lawyer. When you cite evidence from the trial, make sure it’s exactly correct, and tell the appeals court a good story about what happened at the trial. This can help make your case more convincing. When appealing a court decision, it’s important to know the standard of review that will be used. This sets the stage for how closely the appellate court will look at the lower court’s decision. If the standard of review is very deferential, it’s harder to win on appeal. If it’s a de novo standard, it’s easier to win. When selecting issues to argue on appeal, it’s best to focus on the strongest one or two arguments, rather than including every possible legal issue. This helps keep the court’s attention and gives the best chance of winning. If a lawyer uses the shotgun approach in an appeal, they include too many issues and arguments. This can make the appeal less focused and distract the court from the important points. To be successful, the lawyer should frame the issues clearly and write in a way that is easy to understand. This means using active voice and avoiding irrelevant details. This will make the argument stronger and more persuasive. Louis Brandeis once said that good writing is not achieved in the first draft, but through rewriting and improving each time. As a lawyer, it’s important to write a brief that is clear, logical, strong, precise, persuasive, and easy to read. It’s rare to get it right on the first try, so be prepared to write multiple drafts and ask others for their feedback.
To ensure that your brief flows well, use phrases that connect your points and guide the reader through your argument. Section headings can also help organize your writing. Good writing leads to strong conclusions that naturally follow from your analysis of the facts and law.
When it comes to appellate advocacy, both a great argument and an outstanding brief are crucial. While the outcome of a case can often be decided by the brief alone, oral argument is also important. If you have the opportunity to argue your case in court, make sure you take advantage of it. Even if it doesn’t change the result, a well-presented oral argument can lead to a better reasoned opinion from the court. Before an oral argument, it’s important to outline important arguments and legal authorities that support your case. Have an introductory and concluding statement prepared, but be flexible in case the argument goes in an unexpected direction. Know the time limitations and use your time wisely, focusing on your best arguments and leaving time for rebuttal if you are the appellant. Don’t read your argument, as it can bore the court and hinder your ability to create a positive rapport. When presenting an argument in court, it’s important to know the judges and what’s important to them. Be prepared to answer questions from the panel and embrace them as opportunities to show why your position is correct. Speak clearly and explain why your client should win, using principles and previous cases to support your argument. Practice your oral argument in front of friends or by recording yourself. Avoid filing unnecessary motions for rehearing, as they are often seen as a waste of time and resources. Instead, focus on creating a positive and harmonious environment for your appeal to increase your chances of success.
Source: https://www.floridabar.org/the-florida-bar-journal/feng-shui-your-appeal-create-the-energy-to-succeed/
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