What does the rule say?

When I first began practicing law, I found myself in the Attorney General’s office for the State of Utah. In the criminal appeals division there, Fred Voros was legendary.

Fred had been the division chief for many years before taking the appellate bench a few years before I showed up. And one of the things he was known for was asking “what does the rule say?” At any point when an attorney would end up in his office asking for advice, he would ask them “what does the rule say?”

That singular focus on the language of the rule is the way the appellate courts decide cases in Utah. The consistent first step in statutory analysis goes straight to the plain language of the rule.

It’s a good reminder that you really can’t make legal arguments without invoking the rule. What does the rule say? What does it require? What does it forbid? What does it leave open?

Try to answer those questions first.

If you do, you’ll know exactly where to go next.