Appellate Perspective: Misconduct During Closing Arguments
What is Misconduct? The line between zealous advocacy and misconduct may be gray and fuzzy, but there are some bright-line examples of misconduct to avoid and also, to object when opposing counsel oversteps: Discussing matters ordered excluded from evidence; Discussing matters not in evidence (other than matters of common knowledge) or unsupported inferences; Misstating evidence […]
No Court Reporter? Don’t Panic.
It happens. Your client did not want to pay to have a court reporter at the hearing on your motion. Or you did not expect that anything of significance would happen during that one hearing. It did, and you need to appeal. Without the reporter’s transcript, will your appeal be doomed? Don’t panic. You have […]
When Do Defendants Retain Appellate Counsel?
When Do Defendants Retain Appellate Counsel? Hint: It May Be Sooner Than You Think. I was recently retained to appeal an unfortunate grant of summary judgment in a catastrophic injury case. I recognized the defendant’s appellate counsel from one of the state’s top defense appellate firms. What impressed me, however, was how early appellate counsel […]
3 Appellate Tips for Optimizing Depositions
As an appellate attorney, I see my fair share of depositions, especially when appealing from a grant of summary judgment. This month, I want to share with you three tips to help you optimize the effectiveness of your depositions so that hopefully, your case will avoid a premature ending. Tip 1: Don’t Wait to Clarify […]
Appellate Perspective: Verdict Forms
Although often relegated until the end of the trial, crafting a verdict form is among the most important aspects of a trial. This month we include an overview of California’s three verdict formats, when to use each, and the appellate implications of your choice. The three types used in California are general verdicts, special verdicts, […]
Writ Basics: Part 2
If writs confuse you, you are not alone. If you missed last month’s newsletter, Writs: Part 1, click here for a copy and review: What exactly is a writ, when does the Court of Appeal generally issue writ relief and how can you increase your odds of success? This month I offer you a free […]
Writ Checklist | Gusdorff Law
Checklists have become standard for pilots, doctors, surgeons, and other specialists, where an accidental oversight might have serious results. Not including vital part of the petition is an oversight that will cause the Court of Appeal to summarily deny relief. Download and print my Writ Checklist below. Gusdorff Law – Writ Checklist
Writ Basics: Part 1
If writs confuse you, you are not alone. This month reviews basics: What exactly is a writ and when does the Court of Appeal generally issue writ relief? A “writ” is an order issued by the reviewing court directing the lower court to do something or prohibiting it from doing something. Writs permit the appellate […]
