An Appeal to Reason
"Using an appeal to reason, an appellate attorney speaks to trial attorneys."
Author: Donna Bader is a solo practitioner in Laguna Beach, Calif., and the editor-in-chief of Plaintiff magazine, a new publication that is distributed to more than 5,000 Northern California attorneys.
Blawg Related Categories: Appellate Practice • Law Practice Management • Solo / Small Firm
Recent Posts from An Appeal to Reason
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The importance of objections
The importance of objections in preserving the record on appeal cannot be emphasized enough. To me, it is as important as saying “I do” during a wedding ceremony. Until you speak those two little words,…
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Answering questions during oral argument
In the past I have lectured on the importance of answering the questions asked of you by the justices during oral argument. After watching an afternoon of oral argument last week, I thought I…
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Abuse of the Discovery Act
Last week I reported on abuses of the summary judgment motion. Now abuses of the discovery procedure are under examination. In Clement v. Alegre (2009) 177 Cal.App.4th 1277, plaintiffs appeal from the imposition of $6,632.50…
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Abuse of the summary judgment motion
In Nazir v. United Airlines, Inc. (2009) 2009 WL 3235159, the First District, Division Two wasted no time in its criticism of the summary judgment procedure, particularly in employment litigation, noting it was abused by…
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Blogging as a way of venting
In a recent article that appeared in the New York Times, author John Schwartz examined blogging. In particular, he noted a Florida lawyer blogged about his negative impressions of a Fort Lauderdale judge and was…
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More presumptions that favor the appellant
The presumption in favor of the appellant is applied in nonsuits and directed verdicts, although the substantial evidence standard is applicable in reviewing the appeal. Thus, the court will assume plaintiff’s evidence as true, including…
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Presumptions that favor the appellant
There are times when the presumption in favor of the judgment switches to a presumption that favors the appellant. The appellate court is then required to presume the truth of allegations or evidence in a…
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Another cautionary tale for trial lawyers
At a recent trial in Los Angeles, a former client and attorney, Gerald Klein of Klein & Wilson, won a major victory in a legal malpractice that pitted his client, ReadyLink Healthcare, Inc., against its…
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The small world of appellate lawyers
In a recent article in the Daily Journal, the writer reported on the appellate firm of Greines, Martin, Stein & Richland. She noted that the Greines firm, which frequently competes with appellate firm Horvitz &…
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Substantial evidence: get the reporter’s transcript!
If you intend to rely on this standard of review, you must provide a reporter’s transcript of the proceedings. If you don’t, you will not be able to challenge the sufficiency of the evidence, because…