Due to court closures, some courts may proceed in a remote format. You may see more Skype-conducted or telephonic hearings. Imagine that after a lengthy telephonic hearing, the judge in your case speaks the words that confirm your victory, "Counsel, would you please draft the order of the court?" You think to yourself that this would be a good opportunity to do a literary victory lap over your vanquished opposing counsel. However, I would caution you that this opportunity is fraught with perils. This article is a quick guide to some of the better practices used when drafting the proposed order when requested by a judge.

Take Copious Notes About the Facts of Your Case. Taking notes while argument happens and while the judge lays out her reasoning for reaching a conclusion will save you time as you develop the findings in the order. It also will leave out error that can come when relying on memory alone.

Before You Conclude the Hearing, Ask Questions. After the judge asks you to draft the order for the court, ask questions of the judge so that your proposed order contains precisely what is granted and denied. Most judges will not be offended if you ask questions, as they fully expect the written order to reflect their oral rulings. Also inquire as to when your draft will be expected, as this will provide you with a known time limit for your composition and submission to the court.

Remember, the Judge Keeps Notes on What Is Granted and Denied. Just about every judge keeps notes regarding what is and is not granted in the cases argued before them. They will review your proposed order alongside their notes. This is an opportunity to build (or lose) credibility with the judge.

If It Was Not Granted Orally, You Don't Get to Include It. Stay as close as you can to your notes and ensure that your proposed order reflects only those issues that the judge, in fact, ruled on and that might have been expressly reserved by the judge. Just because a particular topic was not mentioned does not mean that you get to add it as part of the ruling. For example: The judge is silent as to the issue of attorney fees in the hearing, and a generous award for attorney fees appears in your proposed order; be aware that it will be removed, and you will have damaged your credibility with that judge.

Grammar Matters. Remember, judges tend to be sticklers for proper grammar.

Be Careful of Ex Parte Communications. When you conclude your draft and you are prepared to submit it to the judge's office, be certain to provide a copy to opposing counsel. They may have an objection. Remember, opposing counsel also was taking notes during the hearing.

Be Mindful of Your Audience(s). When you are drafting your order, bear in mind your audiences: First, the judge who will sign the order; second, the opposing counsel that may object to, or even appeal, your draft; and, on appeal, the higher courts. If you write an order that you do not think will stand up to appeal, then I strongly suggest you go back to the drawing board. Remember, it will be your job to defend that order before a higher court. Further, proposed orders that substantially fail to conform to meeting the standard of what will stand up on appeal, (an order that contains findings of facts where necessary or required, applicable conclusions of law, and a legal analysis in accordance with the judge's ruling) create unnecessary delay in being filed.

Remember Uniform Superior Court Rule 36.4. Do not forget to put your name and contact information on your proposed order. It helps when there is a question about the order.

When Submitting Your Final Product to the Court, Do It in a Format That Can Be Edited.

When submitting your proposed order, use a format that can be edited, such as a Microsoft Word document. The reason being, you might have included findings that in your draft you thought were important but not what the judge found compelling when granting the motion. In addition, there may be grammar issues or better case law to support a legal proposition.

A very simple outline for an order includes the following sections:

  • An introduction,
  • Findings of fact and/or procedural posture,
  • Legal standards applicable to your case,
  • An analysis applying the law to the facts, and
  • A conclusion.

These tips are not meant to be a complete list of the makings of a good proposed order, but they are things to keep in mind while drafting. The judge is trusting you to draft an order that captures the ruling properly supported by facts and applicable law. Yes, you may have won your motion for your client, but, if you are not careful, you can damage your credibility with a judge for your next client. Well-crafted proposed orders signal to the judge that you can be trusted with such a task.

Carlos Vilela graduated from Atlanta's John Marshall Law School in 2012. He serves as staff attorney to Judge Jane P. Manning of Cobb County State Court.