Exotic Governmental/Legal Systems

[L.J.Steele]

Originally Posted by RyanW

Isn't it kind of like most professions: you prepare extensively, for the express purpose of making the critical moments as boring (i.e. close to your expectations) as possible? Most of the actual work does not take place in the courtroom.

Yes and no. Trial work is much more improv than appeal. At trial, you're at the risk of whatever comes out of a witness' mouth. No matter how much you've talked with the witness and rehearsed him/her for trial, you will get things that make you want to face palm.

The attorneys are making objections which the judge must rule upon without a lot of time to think or look at references. Sometimes it's the right objection and ruling, sometimes not. When it's not, and it matters, then the appellate attorney may have work to do.

Closing and motion arguments are also tricky times where the attorneys are relying on memory and maybe contemporaneous notes, and they do get stuff wrong. Again, if it matters, then it may be an appellate matter.

For appeal, it's the opposite. The bulk of the work is in the briefs (summaries of the argument and facts). The court time is a short (30-60 minute) formal Q&A session with the judges where they can ask questions about the facts and law. Sometimes judges do come up with things seemingly out of left field, but a decent appellate attorney should be able to anticipate the weak spots and likely questions.