Use Care When Drafting Trial-Court Orders

By January 28, 2013March 8th, 2019Procedure, Trial Courts

A lawyer heading into a trial-court hearing should draft a favorable order and have it on hand in case the judge is inclined to rule then and there. In addition to being efficient and good for client relations, getting that kind of instant gratification feels great.

That said, use care when drafting an order you want the trial court to enter. As I write this post, I am dealing with an order that is vulnerable to attack because it doesn’t conform to the evidence or legal argument presented at the hearing. In his haste to get something signed right away, my opponent has given me some of the grounds I need to get the order overturned on appeal.

Finding the time to prepare an order in advance can be difficult. It’s good advocacy—but only when done right. Do it wrong at your client’s peril.