Referring to the chamber of Britain's House of Commons—which had been battered by bombings during World War II—Winston Churchill once said: "We shape our buildings; thereafter they shape us."
Certainly Churchill was not thinking of appellate law when he delivered his speech in war-torn England, but his words nonetheless illuminate a significant lesson for litigators. Trial lawyers must take great care in shaping their "building"—the trial record—because the record will certainly shape their appeal.
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