The Professional Lawyer 3 – Reply Brief


00:11- Hey Isabella, did you finish reviewing that answer brief and how is our draft reply brief looking?
00:16- Yes I did have a chance to review it but I noticed that in appellee's brief, they cited to the old rule, which I thought was weird because the Supreme Court decision just ruled that the old rule no longer applies.
00:26- Well, the old rule helps our case.
00:29I'm surprised they didn't cite the new rule because that helps their case.
00:32- The new rule does help their case, but I still think we have a valid argument under the new rule.
00:37What kind of standard would you like me to do in our brief?
00:39- I think raising and relying on the new rule is the proper course of action here.
00:43The draft reply brief should lead with and use the new rule.
00:47If it's the correct rule, then it's the one we need to use.
00:50Just because the appellee's might have missed it is no excuse.
00:53The court probably won't miss it, and either way, that's the right thing to do.
00:57We'll just make our best arguments under the new broader standard and I'll explain to the client whatever the result.
01:03Thank you so much for your hard work on this.
01:05- Yes, of course.
01:06I'll use the new rule and I'll let you know when the brief is done.
01:09- Amazing, thank you. Thanks.