How can lawyers help judges like me make fair, correct decisions?

Judges strive to reach the correct decision in a case by identifying the controlling law, understanding the facts of the case, and properly applying the facts of the matter to that law. 

As a judge, I enjoy analyzing arguments to find the right outcome.  I care deeply about making fair, correct decisions.  I owe nothing less to litigants.

But I can’t do it alone.  Our system depends on both sides making their best arguments.  Good advocacy exposes the other side’s weaknesses and thus helps judges get right answers.  Bad advocacy hurts people when bad arguments go unchallenged.

So what can lawyers do to help judges get it right?  I’ve spent thousands of hours as a judge watching lawyers in court.  

Here’s my formula, at its most basic, for how lawyers can help judges:

Law – Facts – Application.

Law—What rule is the court supposed to apply? 

• Tell the judge what elements you need to prove (or disprove).  List them.

• Judges want to get the law right.  Please help us!

• Be succinct.  Consider using bullet points.

Facts—What are the three or four facts that matter?

• Law guides what facts matter.  You have to know the law to know the facts.

• Usually, only three or four facts really matter.

• Most other facts are noise.  Don’t waste time (money) on them.

Application—Why do the law and your best facts say that you win?

• Law tells you how the facts apply.

• If you explained the law and the facts that matter, application should follow almost automatically.

Too many lawyers jump to the facts without explaining the law and therefore can’t make a persuasive application.  A winning argument (and a fair outcome) uses law as the foundation, facts as the structure, and application as the flag on top.

Again, as a judge I want to understand your argument.  I want to reach fair, correct decisions.  Please help me get those right answers!