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The California Appellate Law Podcast

"Focus letters make oral argument better,” says Justice Lambden

Tim Kowal     January 4, 2023

Some appellate courts issue tentative opinions or focus letters, tipping off counsel to the issues of most interest to the panel. Justice James Lambden says they improve the quality of oral argument.

Think about it: three appellate judges and their research attorneys have been thinking deeply about this one question in the case, and then the panel springs it on counsel without warning.

Instead of just making sport of the outing, a focus letter would help bring counsel into the conversation where they might stand a chance at helping the discussion along—rather than just floundering out there to no one’s benefit.

Watch the clip here.

This is a clip from episode 51 of the California Appellate Law Podcast. Listen to the full episode here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
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"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else."

— Hon. Sir Owen Dixon, Chief Justice of Australia

"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor."

Rubin v. Green (1993) 4 Cal.4th 1187

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— Plato (427-347 B.C.)

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Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

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