Tuesday, March 15, 2016

"Like, OMG! Gag me with a writ!"

Image result for valley girl encino manThe March 2016 issue of Valley Lawyer, the publication of the San Fernando Valley Bar Association, features The Trial Lawyer vs. The Appellate Lawyer, by Herb Fox, which includes an MCLE test. Because trial and appellate lawyers "bring different skill sets and approaches to the common goal of serving their client's interests," the article is a primer "for trial attorneys who want to understand what makes appellate counsel tick, and how, why and when to use them as part of a winning team." Some of the True or False questions in the MCLE test are "like, so awesome," e.g.:
--Only attorneys who are certified by the State Bar as appellate law specialists may practice in the state Courts of Appeal.
--Trial court level points and authorities can often be recycled as appellate briefs.
--In drafting an appellant's brief, it is always best to raise as many errors as possible.

Today's DJ offers Myron Moskovitz on Seeking review in the California Supreme Court. He begins with the truism that the Supreme Court is not a court of error correction, and notes that most lawyers just "don't get what it means" when the Supremes say they want to see conflicts in the Court of Appeal and important questions of law. Other tips: pique the court's interest; find out what issues the court currently cares about [e.g., the Chief mentions here as "emerging areas": arbitration, CEQA, and elder law]; keep your PFR short.

State court judges will move to the downtown LA courthouse on Spring Street after the Federal Court moves out of the 76-year-old building later this year, the Los Angeles Superior Court said Monday. In a statement, the LA County court said federal, state and local government officials had agreed to preserve the Spring Street location, which is listed as an historic building. — Courthouse News Service