In our never-ending quest to add value, we once again respond to your questions and feedback. The bold headings below are actual search terms that have led to this site.
It’s time for another trip to the virtual mailbag. Here are some recent searches that led to this site, and my best shot at answering the questions they raise:
When we talk to trial lawyers at bar events or CLEs, they almost invariably raise two concerns–even fears–about appellate practice. One is missing an arcane deadline, and the other is failing to preserve an issue for appeal. This suggests that our marketing strategy is working we can add value by clarifying some of these issues.
One of the neat features of blogging is that I get to see the searches that brought people here.
It recently occurred to me that I can wield this power for good or evil–good, if I choose to engage your questions, and provide useful information; or evil, if I should expose the bizarre and disturbing
I spent the weekend in chilly Williamsburg, attending my first VTLA convention. The convention featured two appellate presentations, one from John Davidson and another from Roger Creager. Both were excellent. John probably had a slight advantage, because his came with lunch, but I’d like to pick up on a point that Roger made: the
In Part III of our continuing series, former Supreme Court of Virginia clerk Tommy Strelka shares some things he learned during his recent clerkship. Today, Tommy attacks considers oral argument:
We’re back with the second in our series of guest posts from recent Supreme Court of Virginia clerk and avid water skier Tommy Strelka. Today, Tommy shares some more things that his clerkship taught him about brief writing:
Welcome to De Novo’s inaugural guest post. Today, Tommy Strelka shares a few things that he learned during a recent clerkship with the Supreme Court of Virginia. This will be the first of several visits from Mr. Strelka, who has promised to provide us no fewer than ten–TEN!–tips.
T
ommy is currently a trial lawyer at Strickland, Diviney & Strelka in Roanoke. A Mary Washington and Richmond Law grad, he’s also clerked for Judge Turk in the Western District of Virginia. The opinions and practice tips expressed in this post are solely those of the author. They do not represent the opinions of any member of the Supreme Court of Virginia or any other Court–or, for that matter, any right-thinking person.
And now, a word from Thomas:
Clerking for a Justice of the Supreme Court of Virginia was a wonderful experience that opened my eyes to appellate practice. One of my favorite aspects of the job was the knowledge that many of the attorneys who filed briefs and argued before the Court were bringing their A-game. While skill, raw talent, and experience levels varied greatly, most attorneys stepped up to the plate and gave it their best shot. That best shot might have been an incredibly polished and persuasive brief or it might have been the world’s greatest thirty-second rebuttal. But no matter what form their work product manifested, the good attorneys always oozed preparedness. With that tenet in mind, I have compiled a list of traits or practices used by the attorneys who I felt, knocked it out of the park.
On Brief
As you’ve probably gathered by now, my job isn’t exactly rocket science. I read some pleadings, read some transcripts, read some statutes, read some cases, and then shout an argument into a dictaphone to be transcribed in 14-point type. In between, I drink lots of coffee.
My colleagues who do “real work” here at
And we’re back after a short holiday break. I hope that you all were able to take a little time out of your schedules to enjoy the season.
For Christmas this year, Carrie got me The Curmudgeon’s Guide to Practicing Law by Mark Herrmann. It’s just perfect. If you haven’t read the book, I highly recommend it. Herrmann, of course, was until just recently one of the authors of the Drug and Device Law Blog and a partner at Jones Day. All of that pales in comparison to the sheer brilliance of The Curmudgeon’s Guide.
One of the book’s highlights is its chapter on preparing for oral argument. In just 10 pages, it offers as good a treatment of the topic as I’ve ever read. Many of Herrmann’s thoughts apply just as well to motions argument in trial court as they to oral argument in an appellate court.
So how does Curmudgeon prepare for an argument?
He drafts four outlines:
“They all think I’m Einstein, when all I am is Curmudgeon.”
Armed with these outlines, Curmudgeon rehearses his argument, several times, from his 1-page summary. He typically reserves “moot courts” for his more complicated arguments. When it’s time to deliver his argument, Curmudgeon brings only his 1-page outline with him to the lectern.Continue Reading The Curmudgeon Argues