Thanks to the 100 or so lawyers (my rough count) who attended yesterday's research
attorney panel discussion. I was just as interested as the audience in soaking up the insights from the other panelists. Our advice included:
- Use your table of contents as a summary of your argument
- Be scrupulous and copious with your citations to the record. The better your statement of facts, the more often a research attorney may turn to it. Defuse bad facts by addressing them.
- Pictures are worth 1,000 words. Consider inserting charts, diagrams, or images into the text of a brief. Or attach up to 10 pages from the record to your brief.
- Direct your analysis to a generalist, avoiding jargon and legalese.
- Support your writ petition with a showing of irreparable injury. "Trial" may not seem injurious to justices who were dedicated trial lawyers and trial judges.
- Ask for publication if you want it. Your request will be given serious consideration -- especially if it describes the legal landscape and explains how your case may correct or refine it.
- Similar advice on petitions for Supreme Court review. Explain the state of the law -- including nonpublished decisions or cases from other jurisdictions -- and why your case is the vehicle for clarifying or correcting it.
Reminders:
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