Jan 8, 2014

I don’t often do this, but I was sent the following link that I feel is worthwhile for lawyers to consider when they are thinking about (or SHOULD be thinking about) the assignment. I like the way Anthony splits up argument into fact and opinion. Where there is nothing in the record to support a factual assertion by opposing counsel (often the case) the objection should be raised that counsel is testifying in which case let’s swear him or her in and let me voir dire the witness on the basis of his knowledge as to the assertion he or she just made. Or, the more likely tactic is Objection and motion to strike. That is something that highlights the point you are making that the assumptions of the Court are being brought into contention.

I don’t know Anthony Martinez, but he seems to be moving in all the right directions. Here is the link I think you should read:

http://discoverytactics.wordpress.com/tactics-strategies/how-to-argue-florida-assignments-to-judges/