advocates for justice presentation 2010
TRANSCRIPT
WRITING A WINNING WRITING A WINNING OPINION AND AWARDOPINION AND AWARD
DO YOU GIVE ADO YOU GIVE A
D.A.M.N.E.D?D.A.M.N.E.D?
DO YOU GIVE ADO YOU GIVE A
DDraft precise FOFs, COLs, PRAYERraft precise FOFs, COLs, PRAYER
AAvoid confusing the threevoid confusing the three
MMatch PRAYER to COL to FOFs.atch PRAYER to COL to FOFs.
kkNNow the legal tests coldow the legal tests cold
EEditdit
DDraft for your audience raft for your audience
WHERE TO START?WHERE TO START?
KNOW THY DEPUTYKNOW THY DEPUTY
Substance and FormSubstance and Form
Search Prior OpinionsSearch Prior OpinionsLaw & StyleLaw & Style
WHAT DO YOU WANT?WHAT DO YOU WANT?
Outline with specificity every benefit your Outline with specificity every benefit your client seeks client seeks
IndemnityIndemnity
Medical Medical Other Other
WRITE IN REVERSEWRITE IN REVERSE
Starting With BriefStarting With Brief
Write Conclusion specifying each benefit requestedWrite Conclusion specifying each benefit requested
Then draft section for each relief in the ConclusionThen draft section for each relief in the Conclusion
CUT AND PASTECUT AND PASTE
Transfer Brief Arguments and Conclusion to Transfer Brief Arguments and Conclusion to Opinion FormatOpinion Format
Evidentiary Facts = Findings of FactEvidentiary Facts = Findings of FactArguments = Ultimate FactsArguments = Ultimate Facts
Argument Legal Authority = Conclusions of LawArgument Legal Authority = Conclusions of LawConclusion = Order Conclusion = Order
FOF OR COLFOF OR COL
On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant employee of the Defendant
On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant. N.C. Gen. employee of the Defendant. N.C. Gen. Stat. § 97-2(2). Stat. § 97-2(2).
FOF OR COLFOF OR COL
On January 1, 2010, Plaintiff regularly On January 1, 2010, Plaintiff regularly worked as a stock picker at the worked as a stock picker at the Defendant’s wholesale warehouse Defendant’s wholesale warehouse pursuant to an oral contract of hire paying pursuant to an oral contract of hire paying an hourly wage for services. an hourly wage for services.
FOF OR COLFOF OR COL
On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant within the employee of the Defendant within the definition of the Workers’ Compensation definition of the Workers’ Compensation Act and the Industrial Commission has Act and the Industrial Commission has jurisdiction over the parties. N.C. Gen. jurisdiction over the parties. N.C. Gen. Stat. § 97-2(2). Stat. § 97-2(2).
FOFFOF
Never mistake or distort.Never mistake or distort.
FOFFOF
Cite, Cite, CiteCite, Cite, Cite
To The Record To The Record
FOF FOF
Just the facts NECESSARYJust the facts NECESSARY
FOFFOF
Sufficient to support Sufficient to support everyevery
Conclusion of LawConclusion of Law
FOF FOF
Ultimate FindingsUltimate Findings
"[R]ecitations of the testimony of each "[R]ecitations of the testimony of each witness witness do not do not constitute constitute findings of fact findings of fact by the trial judge, because they do not by the trial judge, because they do not reflect a conscious choice between the reflect a conscious choice between the conflicting versions of the incident in conflicting versions of the incident in question which emerged from all the question which emerged from all the evidence presented." evidence presented." Chloride, Inc. v. Chloride, Inc. v. HoneycuttHoneycutt, 71 N.C. App. 805, 806, 323 , 71 N.C. App. 805, 806, 323
S.E.2d 368, 369 (1984).S.E.2d 368, 369 (1984).
FOFFOF
Expert (Medical) TestimonyExpert (Medical) Testimony
““Ya gotta love somebody”Ya gotta love somebody”
FOFFOF
Know Thy DeputyKnow Thy Deputy
FOFFOF
Passive VoicePassive Voice
In a passive-voice sentence the subject of In a passive-voice sentence the subject of the sentence is the receiver of the action.the sentence is the receiver of the action.
I Heard It through the GrapevineI Heard It through the Grapevine It Was Heard by Me through the GrapevineIt Was Heard by Me through the Grapevine
THE WHOLE SMASHTHE WHOLE SMASH
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REEDITREEDITINDEPENDENT EDIT INDEPENDENT EDIT EDIT ONE LAST TIMEEDIT ONE LAST TIME