Article Roundup: Gilbert etc.

Today's DJ has PJ Gilbert's Under Submission column, titled Facts are, which begins:

1882? to 1971?

For what noun are the adjectives "true" and "false" misleading? Facts. Facts are. That is why "true" is redundant to describe facts. When lawyers and judges use the phrase "true facts," it drives me nuts. Facts are. Sorry to be repetitive. And "false" facts are not facts. So why call them facts? And I refuse to discuss "alternate" facts. Such facts may exist in an alternate universe but not here.

And the Moskovitz on Appeals column continues with Statement of Facts: Part IV, emphasizing that brief-writers need to "stand outside the case and view it as an outsider" as the vantage point for telling the story. In other words, "explain the basics," avoid acronyms, and cite to the record, including the exhibits.

In The Recorder, Ben Feuer offers Tips for Trial Lawyers to Protect Their Cases for Appeal Can be Found in Unpublished Decisions, which concludes:

Every once in a while, it can be worth flipping through some of the recent unpublished decisions to see the mistakes that are catching the attention of the Court of Appeal and leading to waiver, forfeiture, and invited error findings—the kinds of topics that don’t often make it into published format. Or if your litigation is high-stakes enough, consider bringing an appellate lawyer in early on, so he or she can help make sure you don’t end up in one of those ignominious unpublished opinions yourself.