Bar Bulletin

Bar Bulletin

Top Ten Tips for Trial Counsel (Part Two)

September 2021 Bar Bulletin

By Howard M. Goodfriend

This column is the second of two providing 10 practice tips to trial counsel that will make a decision on the merits more likely on appeal. The first column, published last month, discussed the need to put everything on the record, to file every document or communication considered in the trial court (eschewing email-only exchanges), to give the trial court a chance to change its mind about an adverse ruling before final judgment, to get a ruling on the record on evidentiary decisions, and to make an offer of proof when proferred evidence is excluded. The “top ten tips” continue here: ...

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