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Judges arenРІР‚в„ўt infallible and most will respect a well-reasoned argument, even if itРІР‚в„ўs contrary to one of their earlier rulings.Р”В«e judicious when bolding and italicizing citations. Look for reasons why their different from what you are asking and explain the differences. And donРІР‚в„ўt avoid holdings contrary to your position. Watch out for decisions that have been criticized by a higher court. IРІР‚в„ўve seen this happen when a local magistrate asked an attorney if he was РІР‚Сљaware that the ordinance in questionРІР‚Сњ was no longer in effect-an embarrassing experience that could have been avoided with a thorough search of the statute. Relying on incorrect or outdated case law is a quick way to your motion being rejected. Careless citations tell the judge that you didnРІР‚в„ўt take the time to verify your sources. Make certain your citations are up-to-date and not overruled or reversed. In this instance, subtle flattery is appropriate. ItРІР‚в„ўs even better if you can cite one or more of your judgeРІР‚в„ўs own decisions in support of your motion. ItРІР‚в„ўs best if the holdings and statutes come from the jurisdiction in which youРІР‚в„ўre trying the case. You will be citing holdings or statutes buttressing your position. Cloud-writing tools like FilevineРІР‚в„ўs Edit-in-Place feature are great for applying needed edits to a previously uploaded motion. Always check the details of your motion against the facts and development of the involved case. To this end, the importance of maintaining an organized and accessible caseload canРІР‚в„ўt be overstated. So whenever you set out to write a motion, make sure it could only improve your credibility before you submit it. Judges read the opposing attorneyРІР‚в„ўs filings as well and will be sure to contrast your presentation and arguments with the oppositionРІР‚в„ўs.

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You will develop and maintain professional credibility by accurately stating and representing case law failure to do so will sink you faster than anything else. Credibility once lost is difficult to recover. ItРІР‚в„ўs crucial that you come across as credible. Keep your arguments simple and straight-forward so that the judge doesnРІР‚в„ўt have to struggle for understanding while reading your motion. Judges are busy people and are not noted for their patience or their sense of humor. DonРІР‚в„ўt waste their time with highfalutin phrases and five-dollar words-it wonРІР‚в„ўt impress.Р”ВonРІР‚в„ўt go overboard with extreme or frivolous claims, either. Judges are usually highly-intelligent and well-read, and theyРІР‚в„ўve heard hundreds if not thousands of legal arguments. YouРІР‚в„ўre trying to write a motion, not declare national independence. ThereРІР‚в„ўs no need to channel your РІР‚Сљinner-JeffersonРІР‚Сњ here. With that kind of automation in place, attorneys can streamline their writing processes and focus on quality. Some modern case management solutions even allow for processes like these to be standardized as button-triggered workflows. When outlining a motion, I ask two important questions: what do I want to prove, and what do I want the judge to do? If you can answer those questions clearly, youРІР‚в„ўre half-way home already. A detailed outline is a great way to focus your argument and improve its presentation. You wouldnРІР‚в„ўt start constructing a building without a plan, and neither should you begin to write a motion without outlining what you want to say first. No attorney wins every single time, but following these tips will improve your odds of winning the next case and, more importantly, pleasing your clients more. Here are a few tips to consider the next time you sit down to write a motion.

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Unfortunately, almost all new attorneys-and even some experienced ones-fail to use this all-purpose tool to its full potential. Used timely and correctly, they can be the difference between winning and losing a case.

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Put simply, motions are extremely important weapons in a trial lawyerРІР‚в„ўs arsenal.

ItРІР‚в„ўs also a great opportunity to tell your story while educating the judge on the facts of the case and the law pertaining to it.Р”Р„lthough regulated by the rules of each jurisdiction, motions are wonderfully flexible they can be filed at any stage of a criminal, civil or even an administrative proceeding, and can request almost anything imaginable. Submitting a motion enables you to approach the court directly and ask it to do something specific. A legal motion is an all-purpose procedural device with which trial attorneys should be intimately acquainted.