Navigating the S.C. Court of Appeals or S.C. Supreme Court

Interacting with a court of law is always a daunting matter to a layman, but even experienced attorneys may need advice when they find themselves in an appellate court for the first time.

In the latest issue of SC Lawyer, the South Carolina Bar magazine, Columbia attorney Benjamin Gooding, an associate at Sowell Gray Robinson Stepp & Laffitte, LLC, has written a handy guide on what to do and expect in dealing with the S.C. Court of Appeals or S.C. Supreme Court.

Highlights of the article:

• Review the rules, especially if this is your first time. They are very specific and particular to the appeals process.
• Know the deadlines. File your notice of appeal within 30 days of the trial court’s order or judgment, or it’s all over.
• Choose your issues on appeal carefully. Don’t take a shotgun approach. More than three or four is too many.
• Good writing is more important than ever. You may not get a shot at oral arguments, so write as though it all depends on the brief – which it very well may.
• Less is more. The limit for principal briefs is 50 pages, but strive to stay way under that.
• Cite documents and evidence carefully. Don’t make the court work to track down the bases of your arguments.
• Understand the standard of review in your case. That determines how much deference will be given to the trial court.
• Include all the documents you cite, and no more. Don’t do a document dump on the court.

It may all be decided on the briefs, but if your case is selected for oral arguments:

• Re-read your own briefs carefully – it may have been months since you wrote them. Do the same with the other side’s.
• Focus on the main strengths of your opponent’s case, and the greatest weaknesses in your own. The court will.
• Practice your argument aloud, with another attorney playing the judge.
• Be ready to address any precedent your case could set. That’s an important consideration to the judges or justices.
• Don’t just be on time. Get there early. Have everything scoped out, right down to where to park.
• Have a strong opening and closing – they may be the only rehearsed portions you get to address, so they need to be good.
• Be sure to answer questions from the bench directly. Not answering a question can be fatal.
• Have a central theme you can fall back on in case you get an unexpected question and need time to think.

Ben Gooding, Navigating the S.C. Court of Appeals or S.C. Supreme Court from MidlandsBiz on Vimeo.

Most of all, if you do expect to find yourself in appellate court, go read the entire article at http://www.bluetoad.com/publication/?i=388491&pre=1#{%22issue_id%22:%22407373%22,%22page%22:46}.

Ben Gooding is an associate at Sowell Gray Robinson Stepp & Laffitte, LLC, where he primarily focuses his practice on appellate advocacy and commercial litigation. Prior to joining Sowell Gray Robinson, he served as a judicial law clerk to the Hon. H. Bruce Williams at the S.C. Court of Appeals.