It is always a learning experience when going to court, and reading Paul J. Pape’s perspective on how he prepares for advocacy in the Court of Appeal will surely be of help to me when appearing in appellate court, or any court for that matter. I found some of his noteworthy insights to be:
· Imagine your mother as the adjudicator – if you can’t convince her of the righteousness of your position, you will not persuade the court:
· judges are swayed by the same considerations as ordinary people - a sense of humanity and justice will likely appeal to the panel;
· take a common sense approach, as judges try to solve matters by taking a practical approach;
· capture the court’s attention - tell a story, not an argument or submission;
· focus on the facts, this is more interesting - appeals, like trials, are determined on them;
· the court knows the law better than we do - the law should in many cases play a minimal role;
· be brief, and tell the story in simple terms – be specific and detailed, but keep the facts to those that advance the tale;
· there is always only one issue, was the result just – keep this as your focus; and
· anticipate the court’s questions and welcome them.
I did not have space here to address more of Mr. Pape’s commentary and tips on how to prepare your factum and compendium, so I would recommend reading his article, which can be found in the Winter 2009 issue of The Advocates’ Journal.
Have a great day,
Natalia Angelini
Natalia R. Angelini - Click here for more information on Natalia Angelini.
