Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

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Tag: Anecdotes

Advocacy Justice: Justice Lambden used to send opinions as “FYIs” to the Legislature

If you read court cases for a living, you may have some that conclude, “while we are sympathetic to the appellant, this is a problem for the Legislature to resolve.” Which is usually sensible enough. But how does anyone know if the Legislature is reading these cases?

Justice Lambden wondered the same thing. So that’s why when he wrote one such opinion, he forwarded a copy of it to the Speaker of the Assembly. Not as advocacy, mind you, just as an FYI. After all, Justice Lambden explains, it is a function of the courts to educate.

He would even tap on the microphone as a trial court judge to punctuate the record, “hey, Court of Appeal, this is an interesting issue.” You’ll never get a holding on an important issue if no one ever brings it up on appeal!

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