There’s a certain excitement as a trial lawyer when your witness is on the stand, effectively using an exhibit to lay out your case.  You can see the jury leaning in, the judge looking over, and know that they are fully engaged.

            The problem is that the courtroom magic doesn’t always translate into a cold appellate record.  Take this example, where a plaintiff explained to the jury where a particular incident happened in a boundary dispute:
Continue Reading Don’t be the case with a broken record.

Findings of fact and conclusions of law (“FFCL”) play a crucial role in error preservation following a bench trial. This post addresses some of the procedural snares and substantive traps that continue to catch skilled attorneys.
Continue Reading Avoiding Snares and Pitfalls in Findings of Fact and Conclusions of Law

Recently, I handled an appeal that was (how should I say this)… a mixed bag. That’s not uncommon. Most times, there are multiple issues at stake and multiple ways you can win… or lose. One particular issue in this mixed-bag appeal required that I defend the factual sufficiency of the evidence supporting my client’s award of attorney’s fees.
Continue Reading “But wait, there’s more.”