Advice To Advocates From The Bench

As a follow-up to yesterday’s post, another presenter at the Black Lung CLE was Judge William S. Colwell, a lifetime appointed federal Associate Chief Judge with the U.S. Department of Labor.  Judge Colwell shared the following advice to advocates:

• Read and “follow” all court orders
• Comply with evidence deadlines and resolve issues with other party
• When submitting a large amount of records, paginate and identify the relevant portions
• Briefs should cite to specific document(s) and page(s)
• Be careful not to focus too much on the law to the detriment of specific fact analysis
• Better briefs identify critical evidence and distinguish contrary evidence
• Deal with unfavorable evidence; this is your chance to shape the case
• Use pinpoint cites
• Don’t wait until the last minute to file motions or present surprise issues
• Don’t present issues if you lack the evidence to support them
• If it is an elements test, have proof available for “all” elements
• Don’t put cases in briefs that have been overruled
• Avoid multiple continuance requests
• Avoid requests for post-hearing submissions if possible, as it shows lack of preparation
• Don’t over-paper the case

While I am sure most of you are aware of these tidbits for effective advocacy, a friendly reminder is always helpful!