Practice Profile
Presentation of the Case
The Scout Motto "BE PREPARED" is never more important than in the Family Law and Appellate Practice. In Family Law, witnesses have to be interrogated before the court proceeding starts, documents have to be examined, plans have to be made as to how the evidence important to the case will be introduced so that it will be admitted and will be demonstrative of that which you want to court to believe.
In Family Law cases, you, the client, bring much of the knowledge of the necessary facts. As to those not known, there are private investigators, professional forensic accountants, psychologists, economists, evaluators and other professionals who can aid. There is also a set of legislative rules allowing you to "discover" what the other side has to present in court. This is true of all litigation, but in Family Law, there is more: each side is mandated by the Family Law Act to disclose, under penalty of perjury, the facts regarding all of the property and assets in which the community has accumulated an interest. Taking all of this information together, you, the client, works with the firm to put together a case which will be attractive to the court and persuasive to the other side causing a settlement. Much of the case, then, is spent behind the scenes attaining just what is necessary to attain the client's goals.
Appellate law is different. With very few exceptions, the case has already been presented. The record is already made. It has to be examined carefully to see if reversible error has occurred. Mr. Saylin reviews the record and contacts both trial counsel so as to obtain a full prospective of the case from all sides. The matter is then reviewed with the client so that an informed decision is made regarding the wisdom of proceeding with the appeal. Then the matter is discussed so that the client can make an informed decision as to if he or she desires to proceed. If the case proceeds, all the cases law, statutes rules and regulations on point are read and reviewed. Other attorneys (and even judicial officers) are consulted. A brief is researched, drafted and re-drafted until it presents a persuasive case.
Additionally, alternatives to appeal are investigated. There are many post-judgment motions that need to be considered. If used, they could, in the right case, save significant time and money. They may also impact on the viability of the subsequently filed appeal. TIME IS OF THE ESSENCE. The sooner we have the case, the more options are available.