New Case Law – Preservation

On March 2, 2011, the Oregon Court of Appeals published an opinion in Gagliardi and Gagliardi.  The opinion does not provides a stark reminder of the importance of having competent trial counsel.  In this case, Husband appealed from various rulings of the trial court.  The Court of Appeals held that Husband had not presented his arguments to the trial court and therefore the arguments were not preserved.  Unless the trial court has an opportunity to rule on an issue, the Court of Appeals cannot make a ruling on that issue.  This is why it is crucial that litigants have competent counsel who is aware of the rules of preservation.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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One Response to New Case Law – Preservation

  1. It is surprising to me the percentage of parties who will hire a rookie lawyer to put on a trial for them. Putting on a trial and doing so in a way that is competent is very complicated and requires a great deal of skill and expertise.

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