News from the Director

FDAP Panel Alert 2018-1

Jan. 5, 2018

  • Getting Compensated for Unbriefed Issues
  • Electronic Transcripts
How to Get Compensated for Unbriefed Issues

We are seeing more compensation claims coming in with inadequate descriptions of unbriefed issues. As detailed in a 2015 guidance memo,†an unbriefed issue is not just something you thought about and rejected and is not just something that can be considered and rejected simply by reading the record. An unbriefed issue must involve legal research or the application of legal principles to the record. To ensure you are compensated for your unbriefed issues and to avoid delays in processing your claims, read and comply with the 2015 guidance document and provide the necessary detail.†

On interim claims, we are likely to recommend no payment if the description is inadequate. If that happens, then feel free on the final claim to beef up the explanation. On final claims, particularly those which were not preceded by an interim claim, we may contact you to have you resubmit the claim with greater detail. We expect to be increasing the frequency with which we unsubmit claims and request greater detail.†

Finally, the unbriefed issues descriptions are now transmitted to the Judicial Council with all final compensation claim recommendations and have always been made available to AIDOAC auditors. Accordingly, take care in the phrasing of unbriefed issues not to reveal adverse consequences or confidential client communications. Contact your FDAP consulting staff attorney if you need assistance in how to describe unbriefed issues.†

                                                            

Electronic Reporters' Transcripts†

Effective January 1, 2018, a new statute, an amended Rule of Court, and a new First District Miscellaneous Order opened the door to electronic reportersí transcripts (RTs) in some court-appointed appeals. The statute makes the default form of RTs electronic instead of paper. The miscellaneous order, however, invokes an exception provided for in the statute, deeming defendants in felony appeals to have requested paper copies. Both the statute and the order include other exceptions, including if the court reporter or the Court does not have the capacity to comply.

Visit our website for Electronic Transcripts - The Basics†and Electronic Transcripts - FAQs.†

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