View Single Post
  #17 (permalink)  
Old 08-02-2017, 02:48 PM
Aghast Aghast is offline
Join Date: Aug 2016
Posts: 72
Aghast is on a distinguished road

The Judge reserved his decision so I was wondering if there was anything I should do before the decision is made.

I would like to take this opportunity to give some advice that I have learned from this. Read these 2 articles:

1. Forget the Wind-Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums

2. Strategic Legal Writing: Preparing Persuasive Documents

Print these off and read them more than once. Even if you are not writing a Factum, the ideas can be translated into oral argument.

OrleansLawyer mentioned the Factum, and these articles mention that too many lawyers write bare Factums and rely on oral argument, which is wrong. I took the article's advice. My Factum was basically my argument. After re-reading my Factum, my basic argument is clear.

There are a few things that I wanted to add in my oral argument that came to me after my Factum was filed and that is what I missed with the time cut short, but the main problem was that I had my argument organized and the short time caused me to have to jump around and resulted in some of my argument getting confusing, and me getting flustered.

My advice is to read the above articles and follow their advice throughout. Not just if you write a Factum but in your Affidavits, oral arguments, Briefs...

Make your story clear in all of your submissions.

Affidavits are evidence in Motions so if something in the other party's affidavit is wrong, you need to point it out or at least state that you disagree, don't let anything slip by even if it sounds minor to you, because you may not be able to correct it during the Motion and the question will be "Why didn't you say something in your responding Affidavit"

If the other party's cross responding Affidavit (is that a term?) brings up new issues; respond to them. Even if it is past the deadline. File it late or have it commissioned and bring it to court with you (bring 3 copies, or more if there are more parties that need to be served) and explain to the Judge that you are responding to new issues brought up after your deadline. Don't add anything new, just respond to the new issues.

I had to do this and it saved my ass. The Judge allowed it and had already read it. The other side has a lawyer so I don't know why the lawyer allowed the new arguments to be submitted in that final Affidavit, but it worked against them.

The Judge I had was not a Family Court Judge so I don't know if my experience will have been different than if I had a regular Family Court Judge.
Reply With Quote