From 2005 to 2015 this blog presented news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but broadened to include appellate practice, the courts, access to justice, and related topics. It is no longer active.
Monday, May 28, 2007
Gotta Make a Record!
John Day (the Tennessee lawyer who writes Day On Torts) uses a Missouri case to remind readers that you have to make a record to prevent reversal on appeal. In this case, there was a settlement agreement that the plaintiffs refused to sign, saying that the attorney didn't have authority to make the settlement offer he did. The trial court, after a hearing with only oral argument (and no transcript), found that he did and entered judgment. But the Court of Appeals reversed. What did it have in front of it to do otherwise? Day on Torts: Failure to Make Record Causes Reversal, May 21, 2007.
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