If there is one takeaway from this blog post, let it be this:

Get a court reporter.

It’s difficult to be a trial lawyer and be responsible for so many things. But as an appeals lawyer, it is incredibly difficult to get a judgment reversed when there is only a written statement of facts. 

Va. Sup. Ct. Rule 5A:8 provides for what to do when there is no transcript of a proceeding. Even when the parties agree on exactly what happened, however, it’s challenging to do perfectly. And it must be perfect for an appellate court to be willing to reverse a trial court with a written statement.

Lawyers are all too aware that the Court of Appeals and Supreme Court look for procedural grounds to avoid reaching the merits: Don’t make it easy for them. You never know when you’ll be the appellant, wishing you had the transcript. As always in the law, hope for the best but prepare for the worst.

I’ve been a trial lawyer ((About me) so I know how hard it is. Sometimes things go wrong despite everyone’s best efforts (emergency court dates, shortage of court reporters, or just plain bad luck).

Please feel free to reach out with questions or concerns when you have a written statement in your case.