WRITING A WINNING WRITING A WINNING OPINION AND AWARDOPINION AND AWARD

DO YOU GIVE ADO YOU GIVE A

D.A.M.N.E.D?D.A.M.N.E.D?

DO YOU GIVE ADO YOU GIVE A

DDraft precise FOFs, COLs, PRAYERraft precise FOFs, COLs, PRAYER

AAvoid confusing the threevoid confusing the three

MMatch PRAYER to COL to FOFs.atch PRAYER to COL to FOFs.

kkNNow the legal tests coldow the legal tests cold

EEditdit

DDraft for your audience raft for your audience

WHERE TO START?WHERE TO START?

KNOW THY DEPUTYKNOW THY DEPUTY

Substance and FormSubstance and Form

Search Prior OpinionsSearch Prior OpinionsLaw & StyleLaw & Style

WHAT DO YOU WANT?WHAT DO YOU WANT?

Outline with specificity every benefit your Outline with specificity every benefit your client seeks client seeks

IndemnityIndemnity

Medical Medical Other Other

WRITE IN REVERSEWRITE IN REVERSE

Starting With BriefStarting With Brief

Write Conclusion specifying each benefit requestedWrite Conclusion specifying each benefit requested

Then draft section for each relief in the ConclusionThen draft section for each relief in the Conclusion

CUT AND PASTECUT AND PASTE

Transfer Brief Arguments and Conclusion to Transfer Brief Arguments and Conclusion to Opinion FormatOpinion Format

Evidentiary Facts = Findings of FactEvidentiary Facts = Findings of FactArguments = Ultimate FactsArguments = Ultimate Facts

Argument Legal Authority = Conclusions of LawArgument Legal Authority = Conclusions of LawConclusion = Order Conclusion = Order

FOF OR COLFOF OR COL

On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant employee of the Defendant

On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant. N.C. Gen. employee of the Defendant. N.C. Gen. Stat. § 97-2(2). Stat. § 97-2(2).

FOF OR COLFOF OR COL

On January 1, 2010, Plaintiff regularly On January 1, 2010, Plaintiff regularly worked as a stock picker at the worked as a stock picker at the Defendant’s wholesale warehouse Defendant’s wholesale warehouse pursuant to an oral contract of hire paying pursuant to an oral contract of hire paying an hourly wage for services. an hourly wage for services.

FOF OR COLFOF OR COL

On January 1, 2010, Plaintiff was an On January 1, 2010, Plaintiff was an employee of the Defendant within the employee of the Defendant within the definition of the Workers’ Compensation definition of the Workers’ Compensation Act and the Industrial Commission has Act and the Industrial Commission has jurisdiction over the parties. N.C. Gen. jurisdiction over the parties. N.C. Gen. Stat. § 97-2(2). Stat. § 97-2(2).

FOFFOF

Never mistake or distort.Never mistake or distort.

FOFFOF

Cite, Cite, CiteCite, Cite, Cite

To The Record To The Record

FOF FOF

““Just the facts” Just the facts”

FOF FOF

Just the facts NECESSARYJust the facts NECESSARY

FOFFOF

Sufficient to support Sufficient to support everyevery

Conclusion of LawConclusion of Law

FOF FOF

Ultimate FindingsUltimate Findings

"[R]ecitations of the testimony of each "[R]ecitations of the testimony of each witness witness do not do not constitute constitute findings of fact findings of fact by the trial judge, because they do not by the trial judge, because they do not reflect a conscious choice between the reflect a conscious choice between the conflicting versions of the incident in conflicting versions of the incident in question which emerged from all the question which emerged from all the evidence presented." evidence presented." Chloride, Inc. v. Chloride, Inc. v. HoneycuttHoneycutt, 71 N.C. App. 805, 806, 323 , 71 N.C. App. 805, 806, 323

S.E.2d 368, 369 (1984).S.E.2d 368, 369 (1984).

FOFFOF

Expert (Medical) TestimonyExpert (Medical) Testimony

““Ya gotta love somebody”Ya gotta love somebody”

FOFFOF

Know Thy DeputyKnow Thy Deputy

FOFFOF

Passive VoicePassive Voice

In a passive-voice sentence the subject of In a passive-voice sentence the subject of the sentence is the receiver of the action.the sentence is the receiver of the action.

I Heard It through the GrapevineI Heard It through the Grapevine It Was Heard by Me through the GrapevineIt Was Heard by Me through the Grapevine

THE WHOLE SMASHTHE WHOLE SMASH

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REEDITREEDITINDEPENDENT EDIT INDEPENDENT EDIT EDIT ONE LAST TIMEEDIT ONE LAST TIME